2011-09-09_REVISION - M1981185 (43)

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Mr. Wallace H. Erickson Response to Fifth Adequacy September 9, 2011 Page 20 Adequacy Issue No. 7. D -2, Figure D -1). Pipelines for the processing unit including recycled process water will be conveyed from the mill in 4 inch, heated, dual walled HDPE pipe from the filter /vacuum press /recycled process water tanks and used in the mill cycle or used to control fugitive dust. In order to prevent run -on to these locations, Wildcat has elected to install a drainage pipe from the highwall to the northeast of these facilities, underneath the facilities to a discharge location southwest of the facilities (See Figure D -2). This berm creates additional redundancy by preventing any spill from mixing with water running onto the May Day No. 1 Affected Area. At the underground workings, Wildcat will dispose of dry stacked tailings at a location confirmed to be dry. Wildcat will also construct a sump to collect leachate in the event any leachate is ever generated, and Wildcat has committed to monitoring the sump for leachate generation on a frequency requested by the Division. Samples will be analyzed in accordance with an approved analyte list. These redundancies will help prevent and mitigate any releases of designated chemicals from the underground workings. Pursuant to paragraph (3)(b) of the Joint Stipulation, approved and signed by the Mined Land Reclamation Board on July 28, 2010, ground and surface water quality data required under Rules 6.4.20(9) and (11) shall be collected subsequent to permit issuance. The parties agreed that mining may not commence until the Applicant submits appropriate and adequate hydrologic information to the Division and the Division approves the information as a permit modification. Paragraph (3)(b) of the Joint Stipulation clarifies that limited mining activities, which will not affect surface or ground water quality, may occur subject to the Division's approval. NOTE: Subsequent to the signing of the Joint Stipulation and prior to the filing of CN- 01, the Rules were updated and the reference to Rule 6.4.20(9) and (11) in the Joint Stipulation now refer to Rules 6.4.21(9) and (11). a. The Division had determined some of the proposed mining activities pose minimal potential to affect surface or ground water quality. Such activities may commence after the issuance of CN -01 and prior to the Division's approval of adequate hydrologic information for surface and ground water. These activities are limited to the following: DEN 97,599,531v1 9 -9 -11 GREENBERG TRAURIG, LLP • ATTORNEYS AT LAW • WWW.GTLAW.COM