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Response to Completeness <br />Completeness Item No. 5 <br />As shown on Exhibit C-1 and Figure C-2, the northwest corner of the existing permit boundary <br />of the May Day No. 3 is located on lands owned by Liberty Communication Company. Pursuant <br />to Rule 6.4.19, please augment Exhibit N with the source of the Operator's legal right to enter <br />lands owned by Liberty Communication Company. <br />Response to Completeness Item No. 5 <br />As explained in its response to Completeness Item No. 4 supra, Wildcat Mining has clarified and <br />revised Exhibit C-1 and Figure C-4 to reflect that the May Day No. 3 Parcel is, in fact, within the <br />permit boundary. See Attachment 1 attached hereto. As a result of this clarification, Wildcat <br />Mining will not be required to provide legal right to enter authorization from Liberty <br />Communication Company for mining purposes. <br />Completeness Item No. 6 <br />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 <br />Conservation District, to the Board of Supervisors of the Soil Conservation District. Pursuant to <br />Rule 1.6.2(1)(a)(iii), proof of notice shall be in the form of a return receipt of a Certified mailing <br />or a date stamped copy of the notice acknowledging receipt by the appropriate local Board. <br />Please note that the affidavit, signed by the Applicant and provided under Exhibit Q, does not <br />satisfy the requirements of Rule 1.6.2(1) (a) (iii). Please provide proof of notice in accordance <br />with Rule 1.6.2(1) (a) (iii). <br />Response to Completeness Item No. 6 <br />Wildcat Mining has attached hereto as Attachment 3 a copy of the proof of notice pursuant to <br />Rule 1.6.2(1) (a) (iii) to the Board of County Commissioners and to the La Plata Soil <br />Conservation District which supplement Exhibit Q. <br />if there are any questions or comments related to the submitted material. <br />Y, <br />George M.L. Robinson <br />Principal <br />11/8/2010 <br />4