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Mr. Wallace H. Erickson <br />Response to September 27, 2011 Cazier Memorandum <br />October 11, 2011 <br />Page 2 <br />response to this adequacy issue presented in the subject response letter shall be included <br />in the revised Work Plan. <br />Response to Adequacy Issue No. 2. <br />As explained in Response to Adequacy Issue No. 1, August 22, 2011 Cazier <br />Memorandum, Wildcat will submit any revised Portal Collapse Work Plan for DRMS <br />review and approval through the Technical Revision or Amendment process. The <br />"Reporting" section at Page 8 of Attachment D -2 also speaks to a geotechnical engineer <br />recommending corrective action repairs in the event movement thresholds are exceeded. <br />Wildcat will add a sentence to the "Implementation Post Construction Monitoring <br />Program" section at Page 7 -8 of Attachment D -2 explaining that any corrective action <br />design will be submitted to DRMS for review and approval through the Technical <br />Revision or Amendment process. The remainder of "Reporting" section at Page 8 of <br />Attachment D -2 deals with providing as -built drawings to DRMS after completion of the <br />Attachment D -2 work plan. Wildcat does not believe a Technical Revision is necessary <br />to provide as built drawings. <br />Adequacy Issue No. 3. <br />a. The new Attachment D -2, Figure D -2 (dated 9/7/2011) and the provided narrative <br />are considered adequate for the response to Adequacy Issue No. 3a. <br />b. This has not been corrected on the revised drawing (Attachment D -2, Figure D -2 <br />(dated 9/7/2011). The south diversion ditch in the plan view flowing north towards <br />the sediment basin still appears to flow uphill, gaining five feet in elevation. Please <br />revise the grading plan to demonstrate positive drainage to the sediment basin. <br />Response to Adequacy Issue No. 3. <br />Response to Adequacy Issue No. 3.a. <br />No response is necessary for Adequacy Issue No. 3.a. <br />Response to Adequacy Issue No. 3.b. <br />Wildcat submitted a revised Attachment D -2, Figure D -2 showing positive ditch <br />drainage to the sediment basin in its Supplemental Response to Fifth Adequacy on <br />September 28, 2011.. <br />Attachment D -3, Little Deadwood Gulch May Day No. 2 Drainage Control <br />Adequacy Issue No. 4. <br />The applicant has committed to resolving this adequacy issue. However, they have not <br />committed to addressing this adequacy issue in a TR or AM. Please provide a written <br />DEN 97,627,904v1 10 -11 -11 <br />GREENBERG TRAURIG, LLP ® ATTORNEYS AT LAW ® WWW.GTLAW.COM <br />