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Mr. Wallace H. Erickson Response to Sixth Adequacy October 11, 2011 Page 19 WQCD indicated the discharge could not comply with receiving stream standards without treatment or dilution of the receiving stream. a. Pursuant to Rule 3.1.6(1)(b), the Applicant/Operator is required to comply with WQCD regulations. Pursuant to Rule 6.4.13, please revise Exhibit M, Other Permits and Licenses, to affirmatively state the Applicant will pursue and obtain the individual NPDES discharge permit required by WQCD. The available information indicates the mine discharge from the Idaho No. 1 Adit is perennial. Therefore, a potential for perpetual water treatment liability appears to exist and the NPDES permit may have to address water treatment after reclamation has been completed. b. Please revise Exhibit L, Reclamation Costs, to address all measures taken to assure the protection of water resources, including costs to cover necessary water quality protection, treatment and monitoring as required by the NPDES discharge permit and the Act and Rules, pursuant to Rules 4.2.1(4) and 6.4.12. Response to Adequacy Issue No. 12. See supra Response to Adequacy Issue No. 10. Wildcat will revise Exhibit M to affirmatively state that it will pursue and obtain the individual NPDES discharge permit required by WQCD. Wildcat does not presently have the data necessary to determine the costs to cover necessary water quality protection, treatment and monitoring as required by the NPDES discharge permit and the Act and Rules, pursuant to Rules 4.2.1(4) and 6.4.12. Importantly, Wildcat does not yet know what arsenic standard CDPHE will assign to discharges from the Augmentation Pond or the Idaho Spring, and may need to collect additional data to enable CDPHE to develop this standard. Wildcat will continue to work through the permitting process with CDPHE, and will to collect water quality samples and other data necessary to complete this permitting process and to determine the costs to cover necessary water quality protection, treatment and monitoring as required by the NPDES discharge permit and the Act and Rules, pursuant to Rules 4.2.1(4) and 6.4.12. More specifically, Wildcat will implement the work plan described supra in its Response to Adequacy Issue No. 10. Wildcat will determine these reclamation costs, and submit revisions to Exhibit L, as necessary, to DRMS for approval through the Technical Revision or Amendment process. Adequacy Issue No. 13. In the Division's fifth adequacy letter, the Division indicated Exhibit G, Water Resources, and Exhibit U, Environmental Protection Plan, had been reviewed by staff member David Bird. Mr. Bird generated a technical review memorandum in which he identified outstanding adequacy issues for Exhibit G and Exhibit U. Copy of Mr. Bird's DEN 97,629,/17v1 10 -11 -11 GREENBERG TRAURIG, LLP ® ATTORNEYS AT LAW ® WWW.GfLAW.COM