2011-09-09_REVISION - M1981185 (43)

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Mr. Wallace H. Erickson Response to August 22, 2011 Hays Memorandum September 9, 2011 Page 5 Response to Adequacy Issue No. 4.b. Wildcat will correct the reference in the Purpose section of the Work Plan to refer to the cut slope area from Sta. 16 +00 to 18 +80. Adequacy Issue No. 5. In the Purpose section of the Work Plan the Applicant states because of relatively steep slopes above the existing cut slopes, laying these slopes back to 1:25 (H) to 1 (V) will effectively increase the slope height, needlessly impacting undisturbed areas, generate an excess amount of additional rock requiring disposal while increasing the area requiring reclamation. In the Construction Summary and Scheduling section of the Work Plan, the Applicant states the removed terrace rock will be screened and crushed as necessary and the crushed rock will be used for road base. Based on these comments, laying the cut slopes back to 1:25 (H) to 1 (V) would be beneficial to the Applicant. The Division will require the cut slopes be laid back a minimum of 1.25(H):1(V) as recommended in the Trautner Geotech report to La Plata County. Please commit to grading the cut slopes per the Trautner specifications or perform an engineering stability analysis in accordance with Rule 6.5 demonstrating the cut slope stability at a slope steeper than 1.25(H): 1(V). Response to Adequacy Issue No. 5. Wildcat will determine as part of its proposed New Access Road Construction Work Plan (Attachment D -1) the appropriate slope configuration for the cut slope in question. See supra Response to Adequacy Issue No. 4.a. Wildcat has presented the rationale and assumptions why the proposed slope is stable as designed. See Exhibit 6.5, at 4 -5 (discussing stability of cut slopes at New Access Road and addressing Trautner recommendation that cut slopes be laid back a minimum of 1.25(H):1(V)). The rationale and assumptions will be confirmed or refuted when the engineering and geologic evaluations specified in the New Access Road Construction Work Plan are completed and presented to DRMS. Adequacy Issue No. 6. In the Summary section of the Work Plan the Applicant indicates the purpose of the plan is to obtain access road design, construction, inspection and maintenance approval from Division. The Applicant acknowledges in the Pre - Construction Activities section of the Work Plan the need for more geotechnical investigation, testing and analysis and provides a work plan to obtain the information. Additionally, the Applicant commits to conducting the investigation, preparing a technical memorandum summarizing the DEN 97,591,784v1 9 -9 -11 GREENBERG TRAURIG, LLP • ATTORNEYS AT LAW • WWW.GTLAW.COM