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13. A Division inspection on November 24, 2009, discovered that the Operator <br />had not only completed construction of the mine portal, but had constructed a mill facility <br />inside the unpermitted mine portal at the May Day site. <br />14. On March 5, 2010, the Board ordered the Operator to obtain approval and <br />issuance of a permit amendment at the May Day Mine to incorporate its illegal milling <br />operation. The Board imposed a 180-day deadline for approval and issuance of the permit <br />amendment, due September 1, 2010. The current deadline for the Division to issue a <br />decision to grant or deny the amendment application is July 5, 2010. <br />15. The Division sent the Operator a letter listing numerous adequacy issues that it <br />must satisfactorily address before the Division can consider approval of the amendment <br />application. Certain adequacy issues require the Operator to obtain water samples. <br />According to the Operator's consultant, Mr. Robinson, the Operator cannot obtain such <br />samples without use of equipment. Because the only access to the May Day Mine is by the <br />unpermitted road subject to the Idaho Mine application, and because the Board, through its <br />Cease and Desist Order for violations MV-2009-007 and MV-2009-033, has prohibited the <br />Operator from using that road for mining related activities, the Operator is currently not <br />permitted to use the road to move equipment to the May Day Mine. Accordingly, based on <br />its own violations, the Operator cannot obtain the water samples the Division requests in its <br />adequacy letter. <br />16. At the May 13, 2010 hearing, the Operator sought to extend the corrective <br />action deadline for the Idaho Mill violation, MV-2009-033, from June 8, 2010 to September <br />1, 2010. The Operator also requested that the Cease and Desist Order imposed in MV-2009- <br />007 and MV-2009-033, be modified to allow equipment on the unpermitted road to take <br />samples. As noted above, the samples are needed as part of the May Day Mine amendment <br />application. <br />17. The Division requested that the corrective action deadline not be extended and <br />to allow forfeiture proceedings to begin, as provided for in the Board's December 2009 <br />Order for MV-2009-033. <br />18. The Board requested that the parties together develop a workable resolution. <br />At the hearing, the Operator's representative affirmed its agreement with the terms detailed <br />below. <br />ORDER <br />The Idaho Mill, File No. M-2006-069 <br />1. The 180-day deadline set in the Board's December 10, 2009 Order for <br />Violation MV-2009-033 is extended by one day to June 9, 2010. This matter will be set on <br />the Board's June 9, 2010 Board agenda either for the Division's request to set this matter for <br />forfeiture of the financial warranty or to advise the Board that Wildcat Mining has obtained <br />the Division's approval of the permit application for the Idaho Mine, File No. M-2010-0023. <br />Wildcat Mining Corp. <br />Idaho Mill and May Day Mine <br />Corrective Actions Modification 3 <br />M-2006-069 and M-1981-185