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Page 6 <br />(This assumes Wildcat Mining is able to obtain issuance (not just approval) of the Idaho <br />Mine permit, which requires (A) approval of the Idaho Mine application; (B) approval of the <br />road work required to be done by the approved Idaho Mine permit and (C) conditional <br />approval of the May Day amendment application by July 5, 2010). <br />5. If Wildcat Mining fails to obtain the Division's conditional approval of its amendment <br />application by July 5, 2010, the Division will set this matter for violation of this Order and <br />the Board's March 5, 2010 Order associated with Violation MV-2010-001. <br />If Wildcat Mining can comply with all of the above requirements, then the violation <br />concerning the May Day Mine will be resolved, which will then allow the Division to issue <br />the Idaho Mine permit since Wildcat Mining will no longer be in violation. See section 34- <br />32-120, C.R.S. <br />The Board's order is to be effective as of May 13, 2010. Any provision in any above <br />cited order involving either the May Day Mine or the Idaho Mill, including any cease <br />and desist order, that is not specifically modified by this Board's May 13, 2010, Order; <br />shall remain in full force and effect. <br />Sincerely, <br />FOR THE ATTORNEY GE? AL <br />CHERYL A. LINDEN <br />First Assistant Attorney General <br />Natural Resources and Environment Section <br />(303) 866-5127 <br />(303) 866-3558 (FAX) <br />Email: Cheryl,linden@state.co.us <br />cc: Jeff Fugate <br />Wally Erickson, Durango DBMS <br />Chris Neumann, Attorney for Wildcat Mining <br />AG Fite: DOCUMENT2