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<br />The Board issued in writing Violation MV-2009-007 on March 11, 2009, and ordered
<br />Wildcat to amend the M-2006-069 application to incorporate the unpermitted access road.
<br />The amendment was to be fully approved and issued within 180 days, due September 7,
<br />2009. During the August 12, 2009 Board meeting, the Board approved Wildcat's request for
<br />extension to November 13, 2009.
<br />During a September 3, 2009 site inspection, the Office discovered that Wildcat was using the
<br />road to support mining related activities, which constituted a possible violation of the Cease
<br />and Desist Order of Violation MV-2009-007. The Office scheduled the possible violation
<br />for the November 12-13, 2009 Board meeting.
<br />During the November 12, 2009 hearing, the Board found Wildcat in violation of the Cease
<br />and Desist Order of Violation MV-2009-007. The new violation, MV-2009-033, was issued
<br />December 10, 2009, and ordered Wildcat to incorporate the unpermitted road into an
<br />approved Reclamation Permit within 180-days, due June 8, 2010. Additionally, the Board
<br />found the interim $56,233 financial warranty for M-2006-069 subject to forfeiture and
<br />authorized the Office to proceed with forfeiture proceedings in the event that Wildcat failed
<br />to comply with the corrective actions of Violation MV-2009-033.
<br />During the November 12, 2009 hearing, Wildcat withdrew the application for M-2006-069.
<br />On January 21, 2010, the Office received a 110(2) application for the Idaho Mine, File No.
<br />M-2010-003. Through the application for M-2010-003, Wildcat Mining attempts to address
<br />the corrective actions of Violations MV-2009-007 and MV-2009-033. The application
<br />included approximately 325 pages of text and 18 oversized maps and engineered drawings.
<br />Pursuant to Rule 1.4.1(8), the Office conducted a preliminary review of the submitted
<br />materials and on February 4, 2010, informed Wildcat Mining that the application for M-
<br />2010-003 was incomplete for the purposes of filing. In that February 4, 2010
<br />correspondence, the Office enumerated 21 filing deficiencies and informed Wildcat Mining
<br />that failure to make the application complete for the purposes of filing by April 5, 2010,
<br />would cause the Office to deny the application and terminate the application file.
<br />On March 25, 2010, the Office received additional application materials from Wildcat
<br />Mining, which included approximately 412 pages of text and eight oversized maps. Exhibit
<br />K of the newly submitted materials indicated that the original submittal (January 21, 2010)
<br />was fully retained. The volume of materials received, including approximately 737 pages of
<br />text and 26 oversized maps and drawings, was somewhat unusual for 110(2) type
<br />applications. However, the Office did not deny the application on April 5, 2010, as
<br />authorized by Rule 1.4.1(8). Rather, on May 6, 2010, the Office informed Wildcat Mining
<br />that the application was still deficient for filing and that the Office had extended the 60-day
<br />deadline of Rule 1.4.1(8) from April 5, 2010 to May 12, 2010. The Office received
<br />additional application materials on May 7, 2010. On May 7, 2010, the Office determined the
<br />application to be complete for the purposes of filing and set the decision date for M-2010-
<br />003 for June 7, 2010.
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