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boundary for the May Day Mine must be included within the proposed boundaries of the <br />application for CN-01. Please revise all maps and exhibits accordingly. <br />5. As shown on Exhibit C-1 and Figure C-2, the northwest corner of the existing permit boundary of the <br />May Day No. 3 is located on lands owned by Liberty Communication Company. Pursuant to Rule <br />6.4.19, please augment Exhibit N with the source of the Operator's legal right to enter lands owned <br />by Liberty Communication Company. <br />6. Pursuant to Rule 6.4.18, Exhibit Q of the application must contain proof of notice to the Board of <br />County Commissioners and, if the mining operation is within the boundaries of a Soil Conservation <br />District, to the Board of Supervisors of the Soil Conservation District. Pursuant to Rule 1.6.2(1)(a)(ii), <br />proof of notice shall be in the form of a return receipt of a Certified mailing or a date-stamped copy <br />of the notice acknowledging receipt by the appropriate local Board. Please note that the affidavit, <br />signed by the Applicant and provided under Exhibit Q does not satisfy the requirements of Rule <br />1.6.2(1)(a)(ii). Please provide proof of notice in accordance with Rule 1.6.2(1)(a)(ii). <br />Pursuant to Rule 1.4.1(8), the Applicant has 60 days from the date of this correspondence to submit all <br />of the necessary documents for filing requirements. If, at the end of the 60 day period, the application <br />has not been determined to be filed with the Office, the Office may deny the application and terminate <br />the application file. Please satisfy the above listed deficiencies within 60 days, by December 11, 2010. <br />Please contact me at the Division's office in Durango at 691 County Road 233, Suite A-2, Durango, CO <br />81301, phone (970) 247-5469, if you have any questions. <br />S;4w P? .- <br />Wal <br />lace H. Erickson <br />Environmental Protection Specialist <br />ec: Mike Clements, Wildcat Mining Corporation; <br />Penfield Tate, Esq., Greenberg Traurig; <br />Chris Neumann, Esq., Greenberg Traurig; <br />Beth Regas, Esq., Greenberg Traurig; <br />Andrew Harley, PH.D., R Squared; <br />Ginny King, R Squared; <br />Jeff Fugate, Esq., AGO; <br />Steve Shuey; <br />David Berry; and <br />Loretta Pineda <br />3