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Mr. Wallace H. Erickson <br />Response to Sixth Adequacy <br />October 11, 2011 <br />Page 2 <br />requested be modified and re- submitted as part of this response, or which could not easily <br />be explained in a written response to your letter and the four attached memoranda. <br />Adequacy Issue No. 1. <br />Pursuant to Rule 1.4.1(3), all information submitted in an application must be <br />accurate and complete, and acknowledged as such by the signature of an authorized agent <br />on the application form. <br />The application form received on September 9, 2011, was not properly completed <br />by the Notary. The Notary failed to identify the individual who signed the application. <br />The Division received a correct application form with the amendment to CN -01, <br />filed April 27, 2011. However, the previously accepted form was replaced on August 9, <br />2011, and again on September 9, 2011. Please re- submit the form previously accepted <br />with the amendment, filed April 27, 2011, or submit a new form properly executed in <br />accordance with the requirements of Rule 1.4.1(3). <br />Response to Adequacy Issue No. 1. <br />In Response to Adequacy Issue No. 1, Wildcat incorporates by reference the <br />application form previously accepted by DRMS with Wildcat's amendment to CN -01, <br />filed April 27, 2011, a copy of which is located in DRMS' records. Wildcat withdraws <br />the incorrect forms filed on August 9 and September 9, 2011. <br />Adequacy Issue No. 2. <br />As of the amendment to CN -01, filed April 27, 2011, affected lands included 47.6 <br />acres. In a subsequent submittal to CN -01, received on August 9, 2011, the Applicant <br />removed 15.8 acres of lands not previously affected by the mining operation. Therefore, <br />there should have been a corresponding reduction in the affected land acreage, totaling <br />31.8 acres. However, the August submittal indicated 44.23 acres affected lands, <br />representing a reduction of only 3.37 acres. Therefore, the Applicant had added 12.43 <br />acres to the boundary of affected lands. As shown in Table 1, the increase occurred <br />primarily with an expansion of the affected land boundaries for the New Access Road and <br />Pre - existing Roads. <br />DEN 97,629,117x1 10 -11 -11 <br />GREENBERG TRAURIG, LLP to ATTORNEYS AT LAW ® WWW.GTLAW.COM <br />