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Page 5 <br />(B) Wildcat Mining may not use the unpermitted road for any other purpose. Wildcat <br />Mining is specifically prohibited from using the unpermitted road to move mining or milling <br />related equipment or material to and from either the Idaho Mine or the May Day Mine, to <br />access either the Idaho Mine or the May Day Mine, or for any other mining-related purpose. <br />(C) If Wildcat Mining violates the cease and desist order as herein amended, Wildcat Mining <br />stipulates and agrees to pay civil penalties in the amount of $200 for each day of violation. <br />(D) Wildcat Mining cannot use the unpermitted road (except as allowed herein) until the <br />Division approves the Idaho Mine application, File No. M-2010-003, AND until the Division <br />approves in writing that Wildcat Mining has performed all of the work on the road required <br />by the approved permit. As part of its approval process concerning the road work, the <br />Division will require Wildcat Mining to submit professional as-built certifications for the <br />road. <br />May Day Mine, File No. M-1981-035 <br />1. On March 5, 2010, the Board ordered Wildcat Mining to obtain approval and issuance of <br />a permit amendment at the May Day Mine concerning its illegal milling operation. The <br />Board imposed a 180-day deadline for approval and issuance of the permit amendment, due <br />September 1, 2010. The current deadline for the Division to issue a decision to grant or deny <br />the amendment application is July 5, 2010. <br />2. The Division, has sent Wildcat Mining a letter listing numerous, adequacy issues that <br />Wildcat Mining must satisfactorily address before the Division can consider approval of the <br />amendment application. Certain adequacy issues require Wildcat Mining to obtain water <br />samples. According to Wildcat Mining's consultant, George Robinson, Wildcat Mining <br />cannot obtain such samples without use of equipment. Because the only access to the May <br />Day Mine is by the unpermitted road subject to the Idaho Mine application, and because the <br />Board, through its cease and desist order for Violations MV-2009-007 and MV-2009-033, <br />has prohibited Wildcat Mining from using that road for mining related activities, Wildcat <br />Mining is currently not permitted to use the road to move equipment to the May Day Mine. <br />Accordingly, based on its own violations, Wildcat Mining cannot obtain the water samples <br />the Division requests in its adequacy letter. <br />3. As directed by the Board, Wildcat Mining must obtain the Division's conditional approval <br />of the May Day Mine amendment application by July 5, 2010. Wildcat Mining must address <br />all adequacy issues except items 18 and 28 of the Division's April 28, 2010 adequacy letter, <br />to the satisfaction of the Division by July 5, 2010. Given that Wildcat Mining is not at this <br />time permitted to undertake the activities necessary to address the carved out water adequacy <br />issues and given that its milling operation is not authorized, Wildcat Mining agrees to not <br />operate the mill until the mill is properly permitted. <br />4. Wildcat Mining shall have 58 days from July 5, 2010, in which to fully satisfy the carved <br />out adequacy issues and attain issuance of the amended application by September 1, 2010.