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 4
Adequacy Issue No. 3.
The expanded boundary of affected lands must include all 9.9 acres of the existing
permit. All affected lands of the existing permit must be addressed by the reclamation
plan and financial warranty proposed under CN -01.
Figure D -1 of Attachment D -2, and Figure F -1 show portions of the existing mine bench
and highwall located outside of the new boundary of affected lands. Figure F -1, May
Day 1 Reclamation Topography, indicates the portions of affected lands, which are
located outside of the new boundary, will not be reclaimed.
Please ensure all portions of the existing 9.9 acres permit area are located within the new
boundary of affected lands. Please submit a corrected Figure D -1 of Attachment D -2,
and Figure F -1.
Response to Adequacy Issue No. 3.
Wildcat is submitting a corrected Figure D -1 of Attachment D -2, and Figure F -1,
showing that the existing mine bench and highwall at the May Day No. 1 are located
within the boundary of affected lands and will be reclaimed. See Attachment 3.
Wildcat created these maps using recently obtained survey data. In consultation with
DRMS, Wildcat has now obtained corrected survey data for the May Day No. 1, May
Day No. 2 and May Day No. 3 permit area, adjusting these affected areas to align with
the existing Section 110 permit areas.
Adequacy Issue No. 4.
Pursuant to Rules 6.2.1(2), 6.4.3, 6.4.4, and 6.4.6, the application must provide accurate
maps which identify and outline the affected lands of the proposed operation. As
explained below, there are numerous and substantial contradictions in the application
regarding the boundary of affected lands.
a. On page 4 of Exhibit A, Legal Description, the application indicates a 50
foot wide corridor of affected lands for all access roads. The boundary of
affected lands shown on Figures C -1, C -2, C -3, C -4, C -5, C -6, C -7, D -5,
G -1, I -1, U -1 and SWMP -1 consistently delineate the same 50 foot wide
road corridor for all access roads and are in agreement with Exhibit A.
All of the maps which agree with Exhibit A and listed in this paragraph
were stamped and signed by a Certified Professional Geologist.
b. On Figures D -1, D -2, D -1 of Attachment D -2, D -1 of Attachment D -3, D-
1 of Attachment D -4, F -1, F -2, F -3, F -4, and F -5A, the corridor of
affected lands for the access roads are consistently delineated at
approximately 100 feet wide. All of the maps listed in this paragraph
DEN 97,599,531v1 9 -9 -11
GREENBERG TRAURIG, LLP ® ATTORNEYS AT LAW ® WWW.GTLAW.COM