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Page 2 of 2 <br />During a meeting with Wildcat on February 14, 2013 Wildcat informed the Division that commencement <br />of repair and stabilization work on the access road was dependent upon approval of a class II permit from <br />La Plata County. However, by letter dated April 23, 2013, La Plata County has informed the Division <br />that is not the case. La Plata County has indicated that it "has no objection to Wildcat Mining Company <br />entering onto the property and conducting the corrective actions needed to bring the illegal access road <br />into compliance with DRMS". <br />The access road is an un- abated violation stemming from a 2009 enforcement hearing. Wildcat has the <br />necessary approvals and authorizations from the Division to immediately commence repair and <br />stabilization of the access road. Further permitting from La Plata County is not a prerequisite to <br />commencement of this work. The Division and Board maintain that the access road, in its current <br />unstable condition, does present an imminent concern with regard to potential impacts on human health, <br />safety, and the environment. The Division has made its position clear through various public hearings, <br />permitting documents, and technical correspondence, that proper repair and stabilization of the access <br />road is of paramount concern to the Division and is necessary to be protective of public safety and the <br />environment. <br />Therefore, continued delay of the commencement of this work is unacceptable. The Division hereby <br />requires Wildcat to commence repair and stabilization work, as approved in TR -02, immediately. The <br />Division further requires that Wildcat acknowledge, in writing, its intent to commence work on the access <br />road no later than Friday, June 7, 2013. The Division additionally requires that the work approved in TR- <br />02 be completed no later than September 30, 2013. This matter will be set for hearing before the Board <br />on July 17, 2013 to establish compliance deadlines. If Wildcat acknowledges its intent to commence and <br />complete the work, this matter can be presented to the Board via a stipulated agreement. If, however, <br />Wildcat fails to submit written acknowledgment of its intent to commence work on the access road by <br />June 7, 2013 the Division will seek, through a petition for declaratory order, the establishment of a Board <br />ordered compliance deadline not only for the access road but for all outstanding violations /corrective <br />actions as set forth in the December 11, 2011 Order. Failure to commence and complete repair and <br />stabilization work of the access road this construction season will result in the issuance of a reason to <br />believe a violation exists letter seeking civil penalties, revocation of the permit, and bond forfeiture. <br />We look forward to your timely response and please feel free to contact me directly if you have any <br />questions. <br />k Sinc ly, 1 \ <br />Anthony J. aldron <br />Minerals Program Supervisor <br />Cc (via e- mail): <br />Chris Neumann— NeumannC @gtlaw.com <br />Courtney Roseberry— Courtney.Roseberry @co.laplata.co.us <br />Paul Kosnik— kosnik @lpcattomey.org <br />Russ Means- russ.means @state.co.us <br />Dustin Czapla- dustin.czapla @state.co.us <br />Jeff Fugate—jeff.fugate@state.co.us <br />