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Mr. Wallace H. Erickson <br />Response to September 28, 2011 Cazier Memorandum <br />October 11, 2011 <br />Page 4 <br />Adequacy Issue No. 6. <br />a. The applicant has committed to revising the second to last paragraph on page 8 to <br />refer to Attachment D -6, Figure D -2. However, they have not committed to <br />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 <br />text for this adequacy issue presented in the subject response letter shall be included <br />in the revised Geotechnical Stability Exhibit. <br />b. The requested labeling of side slopes and horizontal scale for Section "A" have not <br />been included on the revised drawing (Attachment 3 /Attachment D -6, Figure D -2 <br />(dated 9/7/2011). This part of the response is inadequate. <br />c. The last three sentences of this response are not entirely accurate. The proposed <br />augmentation pond appears to incorporate the embankment of the existing pond <br />(west side, south end). This embankment is vegetated with large shrubs and <br />appears overly steep. DRMS will require a stability analysis to demonstrate the <br />existing embankment is stable (as is) or require a new stable embankment be <br />constructed in its place. The portions of the proposed augmentation pond that are <br />constructed and /or excavated into natural ground and no fill is used will not <br />require a stability analysis unless other earth moving activities (e.g., road <br />improvements) steepen the natural slope in the vicinity of the pond. This part of <br />the response is inadequate. <br />Response to Adequacy Issue No. 6. <br />Response to Adequacy Issue No. 6.a. <br />Wildcat will add the following bullets in the "Augmentation Pond" section after <br />the fourth bullet and its sub - bullets on Page 8 of Exhibit 6.5: <br />• Submit revised design plans for augmentation pond design and construction, <br />including for embankment, cut and fill slope, and pond slope stabilization, as <br />necessary, through the Technical Revision or Amendment process; and, <br />• After obtaining DRMS approval through the Technical Revision or <br />Amendment process, proceed with remainder of work plan. <br />Response to Adequacy Issue No. 6.b. <br />Wildcat is submitting a revised Attachment D -6, Figure D -2 labeling side slopes <br />and horizontal scale for Section "A." See Ex. 7. <br />DEN 97,629,168v1 10 -11 -11 <br />GREENBERG TRAURIG, LLP ® ATTORNEYS AT LAW ® WWW.GTLAW.COM <br />