2011-09-09_REVISION - M1981185 (43)

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Mr. Wallace H. Erickson Response to Fifth Adequacy September 9, 2011 Page 23 Wildcat has also submitted a sub -work plan supra in its Response to Adequacy Issue No. 6 under the "tailings disposal and/or storage locations" bullet to map fractures or other weak zones, evaluate consolidation grouting of fractures or weak zones, and to confirm there is no hydrologic connection between the Idaho Spring and the dry stacked tailings disposal facility. Adequacy Issue No. 9. Exhibit G, Water Resources, and Exhibit U, Environmental Protection Plan, was reviewed by staff member David Bird. Mr. Bird has generated a technical review memorandum in which he identifies outstanding adequacy issues for Exhibit G and Exhibit U. Copy of Mr. Bird's technical review memorandum, dated August 23, 2011, is attached. Please address the adequacy issues identified by Mr. Bird. Response to Adequacy Issue No. 9. See contemporaneously submitted Response to August 23, 2011 Bird Memorandum. Adequacy Issue No. 10. Figure C -7, Man-Made Structures, identifies at least nine permanent man -made structures located within 200 feet of the permit boundary, as follows: County Road 124, a bridge at La Plata River, an overhead power line owned by La Plata Electric Association, an underground telephone line owned by Qwest Communications, two fence lines (Vaught and Olsen), three water wells (O'Donnell, Fagerlin and Linden), and pre- existing access roads. Pursuant to Rule 6.4.20, the Applicant shall provide information sufficient to demonstrate that the stability of any structures located within 200 feet of the permit boundary will not be adversely affected. If the Office determines that such information is inadequate to demonstrate that the operation will not adversely affect the stability of any significant, valuable and permanent man-made structure, the Applicant shall either: (a) Provide a notarized agreement between the Applicant and the person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or (b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or DEN 97,599,531v1 9 -9 -11 GREENBERG TRAURIG, LLP • ATTORNEYS AT LAW • WWW.GTLAW.COM