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Response to Preliminary County Comments Received on March 17, 2011 <br />Adequacy Issue #13 <br />Please submit underground mine map(s), labeling all locations proposed for underground <br />disposal of waste rock and mill tailings. <br />Response #13 <br />Adequacy Issue #13 has been addressed in the enclosed submitted map (Figure D-la). <br />Other locations will be identified (if necessary) when access to the underground workings is <br />made available. Only suitable rock and tailing disposal sites will be identified. Suitable <br />sites will be defined as dry locations that are located in designated and DRMS approved <br />underground workings. <br />Exhibit D -Mining Plan, Rule 6. 4.4 <br />Adequacy Issue #14 <br />Pursuant to paragraph (3)(b) of the Joint Stipulation, ground and surface water quality data <br />required under Rules 6.4.20(9) and (11) shall be collected subsequent to permit issuance. The <br />parties agreed that mining may not commence until the Applicant submits appropriate and <br />adequate hydrologic information to the Division and the Division approves the information as a <br />permit modification. Paragraph (3)(b) of the Joint Stipulation clarifies that limited mining <br />activities, which will not affect surface or ground water quality, may occur subject to the <br />Division's approval. <br />Response #14 <br />Wildcat Mining believes that the intent of paragraph 3(b) of the Joint Stipulation was to <br />allow permit issuance pending completion of the five (5) successive quarters of sampling <br />required in Rules 6.4.20(9) and (11), if necessary. In fact, Wildcat Mining will complete its <br />five (5) successive quarters of sampling on May 15, 2011. Wildcat Mining believes this data <br />satisfies the letter and intent of the Joint Stipulation and Rules 6.4.20(9) and (11), in that it <br />is "sufficient to provide for the proper design of facilities, to serve as a basis for the <br />evaluation of reclamation performance standards success, and to insure the adequacy of <br />environmental protection facility design, maintenance and operation." The data collected <br />by Wildcat Mining shows surface water and groundwater have similar characteristics, <br />meet applicable state water quality standards, and have not changed materially over the <br />past five quarters. Wildcat Mining has agreed to adopt an expanded surface and <br />groundwater monitoring program and will implement a dry stacked (encapsulated) tailings <br />disposal process in order to earn the concurrence and approval of DRMS on these matters. <br />Tailings analysis and supporting documentation confirms the tailings are environmentally <br />benign. <br />Revised <br />4/14/2011