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and desist order to allow limited activities to occur at the Division's <br />discretion; (ii) ordered corrective actions to incorporate the Chief Portal into <br />an approved permit and be addressed by the financial warranty; and <br />(iii) assessed a civil penalty in the amount of $7,888, with all but $1,000 <br />suspended pending the Operator's compliance with the corrective actions. <br />The Operator timely paid the $1,000 civil penalty. <br />4. On June 9, 2010, the Board convened a hearing to consider forfeiture of <br />the financial warranty for the Idaho Mill. <br />5. On June 29, 2010, the Board issued an order which, among other <br />things, directed the Division and the Operator to find mutually agreeable <br />alternatives to forfeiture of financial warranty and present such alternatives to the <br />Board at the hearing scheduled for July 12, 2010. <br />6. On July 8, 2010, the Division and the Operator entered into a signed <br />Joint Stipulation to Address All Pending Regulatory Actions ( "Joint Stipulation "). <br />In the Joint Stipulation, among other things, the Operator agreed to, by <br />September 30, 2010, file a conversion application to convert its current 110 permit <br />at the May Day Mine to a 112 permit that will cover current and anticipated <br />affected land at the May Day Mine site, Idaho Mill, and the Idaho Mine site. The <br />Board approved the Joint Stipulation by written order dated July 28, 2010 and <br />effective July 29, 2010. <br />7. Between September 29, 2010 and January 10, 2011, the Operator filed <br />an application and paid the application fee to convert permit M- 1981 -185 from a <br />110(2) permit to a 112d -1 permit ( "CN -01 "). The Division deemed CN -01 filed on <br />January 10, 2011. <br />8. CN -01 proposes to combine all affected land from the Idaho Mill and <br />Idaho Mine into the May Day Mine; incorporate into one permit (number M -1981- <br />185) an unauthorized road, two unauthorized portals, and an unauthorized mill <br />facility; update the reclamation plan and financial warranty for the site; and <br />expand the permit area to 274.7 acres and expand the affected land to 31.4 acres. <br />9. The Division issued adequacy letters on March 15 and 29, 2011, <br />notifying the Operator of inadequacies regarding CN -01. The Operator responded <br />to the Division's adequacy issues. <br />10. On March 30, 2011, the Division inspected the site. <br />11. On April 27, 2011, the Operator filed an amendment to CN -01. <br />Wildcat Mining Corporation <br />May Day Idaho Mine/M- 1981 -185 <br />