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Mr. Wallace H. Erickson <br />Response to Sixth Adequacy <br />October 11, 2011 <br />Page 17 <br />• Appropriate Environmental Protection Facility <br />design required under Rules 6.4.21(10), (7) and <br />(13) for the Augmentation Pond. <br />o Prepare a technical memorandum and feasibility report <br />summarizing the results of the work described above; <br />o Submit revised design plans for Environmental Protection <br />Facility design for the Augmentation Pond, water <br />treatment design plans, and revised Exhibit L reclamation <br />cost information associated with such water treatment <br />design, as necessary, through the Technical Revision or <br />Amendment process; and, <br />o After obtaining DRMS approval through the Technical <br />Revision or Amendment process, proceed with remainder <br />of work plan. <br />Wildcat will delete any and all statements from the application alleging the <br />proposed operation is exempt from the requirements of Rule 6.4.21(13). <br />Adequacy Issue No. 11. <br />Pursuant to paragraph (3)(b) of the Joint Stipulation, approved and signed by the <br />Mined Land Reclamation Board on July 28, 2010, ground and surface water quality data <br />required under Rules 6.4.20(9) and (11) shall be collected subsequent to permit issuance. <br />The parties agreed that mining may not commence until the Applicant submits <br />appropriate and adequate hydrologic information to the Division and the Division <br />approves the information as a permit modification. Paragraph (3)(b) of the Joint <br />Stipulation clarifies that limited mining activities, which will not affect surface or ground <br />water quality, may occur subject to the Division's approval. <br />NOTE: Subsequent to the signing of the Joint Stipulation and prior to the filing of <br />CN -01, the Rules were updated and the reference to Rule 6.4.20(9) and (11) in the Joint <br />Stipulation now refer to Rules 6.4.21(9) and (11). <br />a. The Division had determined some of the proposed mining activities pose <br />minimal potential to affect surface or ground water quality. Such activities may <br />commence after the issuance of CN -01 and prior to the Division's approval of adequate <br />hydrologic information for surface and ground water. These activities are limited to the <br />following: <br />• Stabilization and reconstruction of illegal access road from County Road 124 <br />to bridge; <br />DEN 97,629,117x1 10 -11 -11 <br />GREENBERG TRAURIG, LLP ® ATTORNEYS AT LAW ® WWW.GTLAW.COM <br />