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affidavit form was provided in the application package and is available at the Division's web site at <br />www.mining.state.co.us. <br />NOTE: The application contains copy of a public notice proposed to satisfy the requirements of Rules <br />1.6.2(1)(d) and (e), regarding publication in the local newspaper and notice to Owners of Record. These <br />notices should not occur until after the Division finds the application complete for the purposes of filing. <br />Pursuant to Rule 1.6.2(1)(d)(i), the notices must identify the name of the Applicant. Please note that the <br />Applicant is Wildcat Mining Corporation and not Mr. Mike Clements. Please ensure that the public <br />notices required under Rules 1.6.2(1)(d) and (e) provides the correct information to the public. <br />Exhibit C - Mining Plan (Rule 6.3.3) <br />4. Pursuant to Rules 6.3.3(1)(o) and 6.5(4), the Applicant must demonstrate through appropriate <br />blasting, vibration, geotechnical, and structural engineering analysis, that off-site areas will not be <br />adversely affected by blasting. Attachment C-7 of the application contains an unsigned statement <br />from Franklin Drilling and Blasting, Inc., dated February 24, 2010, and a statement from Terry <br />Morris Engineering which is not signed or dated. Please note that engineering reports must be <br />signed and dated by the qualified person who prepared the report. If the qualified person who <br />prepared the report is a professional engineer, such report should bear the certification statement <br />and seal from that licensed individual. Additionally, the statements from Franklin Drilling and <br />Blasting, Inc. and Terry Morris Engineering discuss the effects of underground blasting at depths of <br />1,000 feet or greater, but do not address the potential effects of blasting at or nearby the surface. <br />Near surface blasting has occurred at the site as recently as September 3, 2009 and the application <br />must address such activity. Therefore, the application does not address the requirements of Rules <br />6.3.3(1)(o) and 6.5(4). Please provide the information required by Rules 6.3.3(1)(o) and 6.5(4). <br />Exhibit D - Reclamation Plan (Rule 6.4.3) <br />5. The application proposes final slopes equal to or less than 2H:1V. Please clarify the phrase "less <br />than" (less horizontal units or less vertical units). Pursuant to Rule 6.14(1)(b), please include a <br />justification for slopes steeper than 3H:1V. Please note that such justification must address the <br />applicable performance standards of Rule 3.1. <br />Exhibit F - List of Other Permits and Licenses (Rule 6.3.6) <br />6. The application indicates that a Stormwater Management Plan has been received by DRMS on <br />April 13, 2009, but does not clarify whether a storm water discharge permit will be required <br />through the Colorado Department of Public Health and Environment, Water Quality Control <br />Division (WQCD). Please affirm whether the Operator will, or will not, attain a storm water <br />discharge permit through the WQCD. <br />Exhibit G - Source of Legal Right-to-Enter (Rule 6.3.7) <br />2