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Mr. Wallace H. Erickson <br />Response to September 28, 2011 Cazier Memorandum <br />October 11, 2011 <br />Page 3 <br />Response to Adequacy Issue No. 4. <br />Wildcat will modify the second paragraph under the "New Access Road" <br />section at Page 4 of Exhibit 6.5 as follows: <br />Adequacy Issue No. 5. <br />The data and analysis contained in the May 29, 2010 <br />report is preliminary. Wildcat has committed in <br />Attachment D -1 to obtain geotechnical data prior to <br />commencing road construction in order to perform <br />additional geotechnical analyses to confirm or modify its <br />proposed New Access Road design. Wildcat will submit <br />this data and any revised design through the Technical <br />Revision or Amendment process, as provided in <br />Attachment D -1. The proposed construction work plan, <br />including erosion and sedimentation Best Management <br />Practices (BMPs), is presented in Attachment D -1. The New <br />Access Road (CLC, 2011) has been designed to carry loads <br />up to 25 tons. <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 />commitment to resolve this adequacy issue via the TR or AM process. The revised text <br />for this adequacy issue presented in the subject response letter shall be included in the <br />revised Geotechnical Stability Exhibit. <br />Response to Adequacy Issue No. 5. <br />Wildcat has committed to address embankments at the augmentation pond by <br />performing a geotechnical and engineering work plan and presenting stability data any <br />revised design for DRMS approval through the Technical Revision or Amendment <br />process. See, e.g., Response to Adequacy Issue No. 14, August 22, 2011 Cazier <br />Memorandum; Exhibit 6.5, at 8. <br />Wildcat will add a second sentence to the "Embankments" section at Page 6 of <br />Exhibit 6.5, as follows: "Wildcat intends to perform a geotechnical and engineering <br />analysis to demonstrate the stability of the embankment, cut and fill slopes, and pond <br />slopes at the Augmentation Pond." Following this sentence, Wildcat will add the <br />bulleted text of its Response to Adequacy Issue No. 14, August 22, 2011 Cazier <br />Memorandum, in which Wildcat commits to resolve this adequacy issue through the <br />Technical Revision or Amendment process. Wildcat will also modify these bullets by <br />revising the phrase, "cut and fill slopes and pond slopes," to read, "embankments, cut <br />and fill slopes, and pond slopes," each time it is used. <br />DEN 97,629,168v1 10 -11 -11 <br />GREENBERG TRAURIG, LLP ® ATTORNEYS AT LAW ® WWW.GTLAW.COM <br />