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Mr. Wallace H. Erickson <br />Response to Sixth Adequacy <br />October 11, 2011 <br />Page 9 <br />clarification. See Ex. 5. No changes are necessary to Figures F -1 and F -5 to reflect this <br />highwall reduction method. <br />Adequacy Issue No. 7. <br />The configuration of the repaired channel for Little Deadwood Gulch at May Day <br />2 is illustrated on Figure D -1 of Attachment D -3, May Day 2 Storm water Control Plan. <br />Figure D -1 of Attachment D -3, illustrates that mine related debris will be removed from <br />the channel and the impacted channel restored to a stable configuration. However, <br />according to Figure F -3, May Day 2 Reclamation Topography, portions of the repaired <br />channel will be buried in backfill material during final reclamation. As shown on Figure <br />F -3, the backfilling of Little Deadwood Gulch commences at contour line 8835 and <br />continues through contour line 8810. Figure F -3 does not indicate a channel across the <br />backfill material necessary to convey the natural drainage. <br />The proposed Reclamation Plan discusses removal of mine debris from the <br />channel of Little Deadwood Gulch but does not discuss new backfill being placed in <br />Little Deadwood Gulch. Please submit a revised Figure F -3, which shows the final <br />configuration of all portions of Little Deadwood Gulch located within the affected land <br />boundary, and which does not conflict with the proposed Reclamation Plan. <br />Response to Adequacy Issue No. 7. <br />Wildcat is submitting a revised Figure F -3 clarifying that backfill material will <br />not be placed in Little Deadwood Gulch at May Day No. 2. See Ex. 5. <br />Adequacy Issue No. 8. <br />Figure F -5A, Chief Portal, Little Deadwood Gulch Reclamation Topography, <br />indicates a near vertical highwall, approximately 30 foot high, which is in conflict with <br />the 2H:1V permit conditions imposed in Exhibit 6.5. Additionally, Figure F -5A indicates <br />the mine debris, inappropriately placed in Little Deadwood Gulch and subject of <br />Violation MV- 2010 -020, will remain as a permanent fill in the channel, which is in <br />conflict with the proposed Reclamation Plan. <br />The Applicant has requested to resolve the issue through a follow -up Technical <br />Revision and/or Amendment process subsequent to the conditional approval of CN -01. <br />Response to Adequacy Issue No. 8. <br />Wildcat addressed the highwall at the Chief Portal in its September 9, 2011 <br />Response to Adequacy Issue No. 5 of the Fifth Adequacy Letter, in which Wildcat <br />committed to perform a geotechnical stability analysis to demonstrate the stability of the <br />reclaimed surface of the highwall at the Chief Portal. See Response to Adequacy Issue <br />DEN 97,629,117v1 10 -11 -11 <br />GREENBERG TRAURIG, LLP ® ATTORNEYS AT LAW c WWW.GTLAW.COM <br />