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Mr. Wallace H. Erickson
<br />Supplemental Response to Fifth and Sixth Adequacy
<br />October 20, 2011
<br />Page 4
<br />Supplemental Response to Adequacy Issue No. 1.
<br />Wildcat inadvertently submitted an incorrect application form with its October 11,
<br />2011 Response to Sixth Adequacy, and hereby revises its response to Adequacy Issue No.
<br />1 (Sixth Adequacy), as follows:
<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, September 9 and October 11, 2011.
<br />Adequacy Issue No. 4.
<br />If the Applicant desires to avoid a second amendment to CN -01, and return to the
<br />affected land acreages declared with the first amendment, then all maps showing the
<br />affected land boundary for the New Access Road must be revised to accurately portray
<br />1.8 acres affected lands for the New Access Road. To date, the only map of the
<br />application which approximates 1.8 acres area for the New Access Road is the survey
<br />map prepared by Mountain Man Surveying, dated August 20, 2009 (1.76 acres). Copy of
<br />the survey map was most recently submitted by the Applicant on August 9, 2011, as part
<br />of Exhibit 0 for CN -01.
<br />Therefore, if the Applicant desires to avoid a second amendment to CN -01, all
<br />maps showing the boundary of affected lands for the New Access Road must reflect a
<br />boundary similar to the survey map from Mountain Man Surveying, dated August 20,
<br />2009. Please revise Figures C -1, C -2, C -3, C -4, C -5, C -6, C -7, D -1, D -5, G -1, 1 -1, 0 -1,
<br />SWMP -1, U -1; and the CLC drawings C4.10, C4.11, C4.12, 04.13, C4.14, C4.20, C4.21,
<br />C4.22, 04.23, C6.10, C6.11 and C7.00, to consistently reflect the same 1.8 acre boundary
<br />of affected lands associated with the New Access Road. Additionally, please revise
<br />Exhibit A, Legal Description, to reflect the same legal description provided by the survey
<br />map from Mountain May Surveying, dated August 20, 2009. Please delete any and all
<br />references from the application materials which conflict with approximately 1.8 acres
<br />affected lands for the New Access Road.
<br />Supplemental Response to Adequacy Issue No. 4.
<br />Wildcat hereby withdraws its statement indicating it is providing a copy of a
<br />revised survey of the New Access Road, and revises its Response to Adequacy Issue No. 4
<br />(Sixth Adequacy), as follows:
<br />In response to Adequacy Issue No. 4, Wildcat withdraws the August 20, 2009
<br />survey map (the "August 2009 Survey ") prepared by Mountain Man Surveying, and the
<br />May 25, 2010 Idaho Mill & Payday Mill Site Boundary Survey prepared by Sakura
<br />Engineering, which were submitted as part of Exhibit 0 for CN -01 on August 9, 2011.
<br />DEN 97, 637, 083v1 10 -20 -11
<br />GREENBERG TRAURIG, LLP ® ATTORNEYS AT LAW ® WWW.GTLAW.COM
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