2011-06-06_REVISION - M1981185 (5)

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Fourth Adequacy Response 112(d)-1 Application, Amended CN-01 Wildcat Mining Corporation May Day Idaho Mine Complex Division's policy is to accept electronic submittals only as a preview of the official submittal. However, the official submittal must be received as hard copy at one of the Division's offices. Therefore, as noted by Mr. Cazier, the Division's adequacy comments are specific to the official version of the plan, submitted to the Division on April 18, 2011. Response #3 The Company's response to Mr. Cazier's May 27, 2011 Memorandum is presented at Attachment B to this CN-01, Fourth Adequacy Response. The Company also responds to adequacy issues relating to Mr. Cazier's Chief Drainage Channel Reclamation comments in Attachment K (Chief Little Deadwood Gulch Channel Corrective Action Plan) to the Company's CN-01, Third Adequacy Response. Adequacy Issue #4 In the Division's third adequacy letter, under adequacy item number 22, the Division indicated the Applicant's refusal to submit a geotechnical evaluation for a portion the access road to the Incas Mine, which had been undermined during the illegal construction of the Chief Portal. The construction of the Chief Portal resulted in MLRB Violation MV-2010-020. In response to the Division's request, the Applicant stated, "The Chief Portal was built before 1926 The portal was stabled [sic] in 2009 and the bench leading to the portal was graded to remove debris at the entrance. No additional material was removed from the head cut above the adit. There is no sign that stability of the road has been adversely affected by the Chief Portal repair scaling activities in 2009. " (Geotechnical Stability Exhibit of Attachment E-8 of Attachment E) According to observations made by the Division, and information submitted by the Applicant, the highwall is approximately 40 feet high at 0.4H: IV slope and is constructed in unconsolidated soil materials. Significant soil materials were excavated during the illegal re- opening of the portal, and the highwall was scaled by the Applicant. Therefore, the Applicant has affected the pre-law highwall and has incurred full reclamation liability for the structure. The access road to the Incas Mine is perched at the crest of the highwall. Please provide a geotechnical evaluation for the portion of the access road to the Incas Mine, undermined by construction of the Chief Portal. The geotechnical evaluation shall address the applicable requirements of Rules 6.5(1), (2) and (3). 6/6/2011 4