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May Day Idaho Mine Complex Response <br />However, prior to obtaining a permit, an approved water supply plan or decreed plan for <br />augmentation is required. The applicant will need to provide evidence of commitment from <br />Fairfield Land Co. to document the lease of water decreed in Case No. 80CWI33. The said decree <br />adjudicated 0.09 CFS (40 GPM) of water, and not 0.22 CFS (100 GPM) as claimed in the <br />application. <br />Response #2 <br />As outlined in our Colorado Division of Reclamation Mining and Safety permit application, <br />Wildcat Mining Corporation will consumptively use water to control fugitive dust and use water <br />during the processing of the ore. The water rights and the use of the water are summarized in <br />Attachment A and Attachment B (Fairview Ltd-Case Number.80CW133). Attachment C is a lease <br />from Fairview Land Corporation authorizing use of the water and minerals associated with <br />Fairview Land Corporation landholdings associated with the May Day Idaho Mine Complex. <br />Requirement #3 <br />Prior to approving a well permit, the applicant must conduct a field inspection of the site and <br />document the locations of all wells within 600 feet of the permit area. The applicant must then <br />obtain a waiver of objection from all well owners with wells within 600 feet of the permit area or <br />request a hearing before the State Engineer. <br />Response #3 <br />There are no wells within 600 feet of the proposed well. See Figure 1 for groundwater wells <br />located with Wildcat Mining Corporation study area. <br />Requirement 44 <br />Prior to construction of a non jurisdictional size dam, the applicant must submit notice of intent to <br />construct the dam on forms provided by the State Engineer (available online at <br />h=://water state co.us/DWRIPub/Documents/ds impound.pdfl not less than 45 calendar days <br />prior to the proposed construction. <br />Response #4 <br />Wildcat Mining Corporation will submit a notice of intent to construct the proposed augmentation <br />pond on the forms provided by the State Engineer and will submit the application at least 45 days <br />prior to construction. <br />2/21/2011 <br />2