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(d) violation for constructing an unperrnitted mill facility within the unpernutted <br />portal at the May Day Mine site (MV-2010-001) issued on March 5, 2010. <br />(5) (a) Wildcat Mining stipulates to the pending violation of C.R.S. § 34-32- <br />124(1) of which the Division sent notice on June 10, 2010 for failure to comply with permit <br />conditions in regard to a ventilation and escapeway portal located in the vicinity of the May <br />Day No. 3 permit area and agrees to clarify and incorporate the affected land into its <br />conversion application. The stipulated corrective action associated with this violation is: <br />"Wildcat Mining will provide the 110 to 112 conversion application referenced at (3) <br />above, and which incorporates the currently illegal affected area, into the May Day permit, <br />no later than September 30, 2010. As with other submittals for the conversion application <br />pursuant to (3) above, Wildcat Mining must submit all application materials to the Division in <br />adequate form sufficient to allow application approval, no later than 180 days after filing. <br />Wildcat Mining must submit all application materials to the Division at least two weeks prior <br />to applicable process deadlines the Division sets. Civil Penalties shall be assessed for this <br />violation in the amount of $7,888 ($200.00 per day for 39 days), with all but $1,000 <br />suspended if the corrective action is completed as required." <br />(b) The Division withdraws its alternative allegations in the June 10, 2010 notice <br />regarding potential violations of C.R.S. §§ 34-32-109(1) and 116(7)(h). In addition, the <br />deadlines set forth in this Joint Stipulation supersede the corrective action schedule set forth <br />in the June 10, 2010 notice: <br />(c) Based on information as of the date the parties execute this Joint'Stipulation, the <br />Division further agrees and represents it has concluded its investigation and determined that <br />Wildcat Mining has not used the access road at the Idaho Mill/Mine site in violation of any <br />Board orders or other laws or regulations, and that it is not presently aware of any other <br />potential violations by Wildcat Mining of the Colorado Mined Land Reclamation Act or the <br />Board's Rules. <br />(d) The parties request that this violation remain on the Board's July 12, 2010, agenda <br />for resolution of this matter and approval by Board Order of this Joint Stipulation. <br />(6) The Board's cease and desist orders precluding all mining related use of <br />the unpermitted road at the Idaho Mill site and precluding all mining/milling activities at <br />the Idaho Mill site, the Idaho Mine site and the May Day Mine site will remain in full <br />force and effect until Wildcat Mining obtains issuance of the 112 permit However, the <br />4