2011-09-09_REVISION - M1981185 (43)

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Mr. Wallace H. Erickson Response to Fifth Adequacy September 9, 2011 Page 8 • Figure F -5, May Day 3 Reclamation Topography, indicates a 40 foot highwall at 1.5H:1V, which is in conflict with the 211-1:1V permit condition imposed in Exhibit 6.5. • Figure F -5A, Chief Portal Little Deadwood Gulch Reclamation Topography, indicates a 25 foot highwall at 0.8H:1 V, which is in conflict with the 2H:1 V permit condition imposed in Exhibit 6.5. Please correct the above listed maps to support and clarify the reclamation plan. Response to Adequacy Issue No. 5. Wildcat commits to reclaiming areas it disturbs during its mining operations to approximate original topography where feasible, and where feasible to a slope not steeper than 2:1. If slopes disturbed by Wildcat's mining operations are steeper than 2:1, Wildcat will collect geotechnical data and provide a stability demonstration to DRMS through the Technical Revision or Amendment process. All areas identified in Adequacy Issue No. 5 will be addressed as described in Exhibit 6.5 ( Geotechnical Stability Exhibit) and Exhibit D (Mining Plan, including attached Work Plans). Each work plan recommends collecting geotechnical data to assess potential stability concerns, and, if necessary, states that the data will be used to recommend appropriate slope stabilization techniques as part of the Technical Revision or Amendment process. With regard to the figures identified by DRMS, Wildcat has proposed the following: • For Figure F -1, Wildcat proposes to obtain geotechnical data and to perform a stability analysis for the highwall at May Day No. 1. See Exhibit 6.5 and Attachment D -2; see also Response to Adequacy Issue No. 2, August 19, 2011 Cazier Memorandum. Wildcat has submitted corrected maps showing all affected lands within the permit boundary. See supra Response to Adequacy Issue No. 3. • Figure F -2 shows May Day East Pre - Application Topography. Wildcat has included the May Day East area only as a potential rock storage area as illustrated in Attachment 3 (Attachment D -2, Figure D -3). Prior to performing any rock storage at this location, Wildcat will submit any final design for construction and reclamation of the proposed rock storage area through the Technical Revision process. • For Figure F -5, Wildcat proposes to obtain geotechnical and rock mechanics /geologic engineering data, and to perform a stability analysis for the highwall at May Day No. 3. Specifically, Wildcat will perform the following: DEN 97,599,531v1 9 -9 -11 GREENBERG TRAURIG, LLP • ATTORNEYS AT LAW • WWW.GTLAW.COM