2011-09-09_REVISION - M1981185 (43)

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Mr. Wallace H. Erickson Response to Fifth Adequacy September 9, 2011 Page 24 (c) When such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. The damage compensation agreements prepared by the Applicant reference a different operation by name and permit number. Therefore, the compensation agreements are not acceptable, as they were not executed for the May Day Idaho Mine Complex, Permit No. M- 1981 -185. Please submit fully executed compensation agreements which correctly identify the appropriate operation by name and permit number, or address these man- made structures through one of the other options specified in Rule 6.4.20. Response to Adequacy Issue No. 10. Wildcat has delivered revised compensation agreements by certified mail, and is in the process of attempting to hand deliver and obtain executed copies of these revised agreements. Adequacy Issue No. 11. The application provided the following work plans: • Attachment D -1 of Attachment 1 of Exhibit D, New Access Road Construction Work Plan • Attachment D -2 of Attachment 2 of Exhibit D, Portal Collapse Repair Work Plan May Day No. 1 • Attachment D -3 of Attachment 3 of Exhibit D, Little Deadwood Gulch May Day No. 2 Drainage Control • Attachment D -4 of Attachment 4 of Exhibit D, Chief Drainage and Portal Work Plan and Lamb Affected Area Little Deadwood Gulch • Attachment D -5 of Attachment 5 of Exhibit D, Dry Stacked Tailings Work Plan • Attachment D -6 of Attachment 6 of Exhibit D, Augmentation Pond Construction Work Plan • Attachment D -7 of Attachment 7 of Exhibit D, Tailings Geochemical Characterization Work Plan • Attachment D -8 of Attachment 8 of Exhibit D, Whole Rock Sampling and Kinetic Testing Work Plan DEN 97,599,531v1 9 -9 -11 GREENBERG TRAURIG, LLP • ATTORNEYS AT LAW • WWW.GTLAW.COM