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Response to Preliminary County Comments Received on March 17, 2011 <br />The application included a written statement from La Plata Electric Association, which satisfies <br />the requirements of Rule 6.4.20(c) for the overhead power line. However, for the remaining <br />structures the application attempts to satisfy the requirements of Rule 6.4.20 with cursory <br />statements of assurance that such structures will not be affected. <br />In a letter of objection to CN-0 1, submitted by Dave and Erin Linden, dated February 27, 2011, <br />the Linden's indicate the location of their well as being within 100 feet of the illegal access road. <br />The Linden's expressed concern regarding the transporting of toxic chemicals and fuels in close <br />proximity to their well. The Linden's suggest their well has already been adversely impacted by <br />construction and use of the illegal access road. <br />The Division has determined that superficial statements of assurance are inadequate to <br />demonstrate compliance with Rule 6.4.20. Pursuant to C.R.S. 34-32-115(4)(d), the Division <br />requires the Applicant to submit a damage compensation agreement for each of the permanent <br />man-made structures located within 200 feet of the boundary of affected lands in accordance <br />with Rule 6.4.20(a). If the Applicant can demonstrate that such agreements have been <br />reasonably pursued but not achieved, the Office may accept an engineering evaluation that <br />satisfies the requirements of Rule 6.4.20(b). Alternately, if the structure is a utility, the Office <br />may accept the notarized letter on utility letterhead in accordance with Rule 6.4.20(c). Please <br />address the requirements of Rule 6.4.20. <br />Response #31 <br />Wildcat Minim has offered Attachment I (certified receipt) as a draft compensation <br />agreement to owners of identified permanent man-made structures located within 200 feet <br />of the permit boundary. These permanent man-made structures include water wells, water <br />head covers and fences (See figure T-1 through T-5). The agreement states that permanent <br />man-made structures impacted by mining activities will be repaired or replaced. <br />The compensation agreements were sent to La Plata County Public Works, and to the <br />following permitted well owners: <br />• Vaught-4334 CR 124; <br />• Linden - 4348 CR 124; <br />• Olson - 4124 CR 124; <br />• Tippit (Fairview Land Corp); <br />• Linden-permit number 156041- well depth 8 feet-4348 CR 124; <br />• Fagerlin-permit number 161515-well depth 14 feet-4398 CR 124; and, <br />All wells are completed in the La Plata river alluvium. <br />Returned signed agreements were obtained from Mr. and Mrs. A Taylor, Owest and La <br />Plata Electric. Under the agreement, fences, wells, utilities, etc., will be repaired or <br />replaced if impacted by Wildcat Mining. <br />Revised <br />4/14/2011 <br />19