2011-09-09_REVISION - M1981185 ‎(43)‎

• Permit No: M1981185
• IBM Index Class Name: REVISION
• Doc Date: 9/9/2011
• Doc Name: Response to Fifth Adequacy Letter
• From: R Squared, Inc.
• To: DRMS
• Type & Sequence: CN1
• Media Type: D
• Archive: No

Mr. Wallace H. Erickson
Response to Fifth Adequacy
September 9, 2011
Page 22
In the new Exhibit D, Mining Plan, the application indicates mill retrofit and
commissioning, dry stack tailings, ore stockpile processing, and construction of the
augmentation pond will occur as preliminary activities. In fact, on pages 4 through 7 of
Exhibit D, the application indicates immediately following mill retrofit there will be a
period of mill optimization during which 5,000 tons of tailings will be produced prior to
the approval of a tailings disposal plan.
The Applicant's response to this previously raised adequacy issue is not acceptable.
Mining and milling activities may not commence until the Division has received
sufficient surface and ground water data to appropriately characterize baseline
conditions and a monitoring plan, sufficient to verify compliance with water quality
regulations, is fully approved and implemented. Additionally, the mill may not activate
until the Division receives and approves the EPF certifications for the entire mill facility
and tailings disposal location(s).
Response to Adequacy Issue No. 7.
Wildcat will modify Exhibit D to reflect the sequencing and timing identified by
DRMS in Adequacy Issue No. 7, including but not limited to moving the period of mill
optimization to follow receipt and approval by DRMS of: 1) sufficient surface and
ground water data to appropriately characterize baseline conditions; 2) a monitoring plan
sufficient to verify compliance with water quality regulations; and, 3) EPF certifications
for the entire mill facility and tailings disposal location(s).
Adequacy Issue No. 8.
The Water Quality Control Division (WQCD) of Colorado Department of Public Health
and Environment has informally indicated a Colorado Discharge Permit System (CDPS)
permit would be required for the discharge associated with the Idaho No. 1 Adit. The
Division informed the Applicant of the Division's policy to not approve any application
which indicates a perpetual water treatment liability. The Division requested the
Applicant to address the potential for perpetual water treatment liability. Pursuant to
Rule 3.1.6(1)(b), the Division required the Applicant to obtain a CDPS permit or a letter
from WQCD stating a CDPS permit is not required.
The application indicated a CDPS permit would not be necessary and did not provide a
letter from WQCD verifying a CDPS permit is not required.
Response to Adequacy Issue No. 8.
Wildcat is working with CDPHE to obtain written confirmation that the
discharge from the Idaho Spring is properly permitted through Wildcat's existing Metal
Mining General Permit and Construction General Permit, and that no additional
permitting is necessary.
DEN 97,599,531v1 9 -9 -11
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