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DATE: August 22, 2011 <br />TO: Jeff Fugate, Tony Waldron, Steve Shuey <br />FROM: Wally Erickson <br />RE: Incomplete list of adequacy issues for CN -01, <br />May Day Idaho Mine Complex, M- 1981 -185. <br />1. Inappropriate Application Form <br />Staff Notes for Adequacy 5, CN -01 <br />May Day Idaho Mine Complex, M- 1981 -185 <br />Pursuant to the Joint Stip, Wildcat must respond to all adequacy issues no later than two weeks <br />prior to the staff decision deadline. Therefore, should Wildcat desire to attempt to resolve <br />these outstanding adequacy issues, they must request an extension of the review period to <br />ensure the Division receives their response no later than two weeks prior to the decision date. <br />The following list of unresolved adequacy issues is incomplete. There are additional <br />outstanding adequacy issues which are not included in this list. The outstanding adequacy <br />issues are numerous and substantial; given the limited time allowed to generate this list, the list <br />is grossly incomplete. <br />Pursuant to Rule 1.4.1(3), all information submitted in an application must be accurate <br />and complete, and acknowledged as such by the signature of an authorized agent on the <br />application form. <br />2. Inappropriate Increase of Affected Lands <br />Prior to the August 9, 2011, submittal CN -01 included 47.6 acres affected lands. In the <br />August submittal the Applicant removed 15.8 acres of land previously included in CN -01 <br />but not yet affected by the mining operation. Therefore, there should have been a <br />corresponding reduction in the affected land acreage, totaling 31.8 acres. However, the <br />August submittal of CN -01 indicated 44.23 acres affected lands, representing a <br />reduction of only 3.37 acres. Clearly, the Applicant had added 12.43 acres to the <br />boundary of affected lands. <br />Previously, on April 27, 2011, the Applicant had submitted an Amendment to CN -01 for <br />the addition of one acre affected land. In a letter dated April 27, 2011, the Applicant <br />acknowledged that although an equal quantity of land had been removed, resulting in <br />no increase in the overall acreage, new lands were being added and an Amendment was <br />the appropriate process whereby new lands may be added. <br />3. Inappropriate Release of Affected Lands <br />1 <br />