2011-10-20_REVISION - M1981185 (10)

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Mr. Wallace H. Erickson Supplemental Response to Fifth and Sixth Adequacy October 20, 2011 Page 5 The August 2009 Survey contains errors which were discovered during the New Access Road design process. More specifically, as a result of adverse conditions present when the August 2009 Survey was performed, the centerline of the New Access Road and the location of affected lands were not accurately depicted on the August 2009 Survey. Mountain Man Surveying also improperly included two strips of affected lands extending to the east of the New Access Road just to the north of certain wetlands near lines L92 and L94 of the August 2009 Survey. These areas have not been disturbed, do not require any reclamation, and are not part of any proposed mining activities. Wildcat is Wildcat obtained a This corrected survey of the New Access Road by Mountain Man Surveying was which served as the basis for the New Access Road design prepared by CLC Associates and set forth in Attachment D -1 to Exhibit D. Wildcat submitted revised Attachment D -1 design sheets prepared by CLC Associates in its Supplemental Response to Fifth Adequacy dated September 26 and 27, 2011. The affected land acreage for the New Access Road in the revised survey by Mountain Man Surveying and in the New Access Road design by CLC Associates is 1.8 acres. See also supra Response to Adequacy Issue No. 2. Wildcat is submitting a revised Exhibit A containing the legal description provided in the revised survey map prepared by Mountain Man Surveying. See Ex. 2 [citation to original Sixth Adequacy Response; no new exhibit provided]. Wildcat is also submitting a revised Exhibit 0-1. See Ex. 3 [citation to original Sixth Adequacy Response; no new exhibit provided]. Adequacy Issue No. 10. In a correspondence dated September 16, 2011, the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment verified the mine drainage from the Idaho No. 1 Adit did not comply with the receiving stream standards for total recoverable arsenic. According to the application, the mine drainage from the Idaho No. 1 Adit is the water source for the Augmentation Pond. Therefore, the Augmentation Pond is an Environmental Protection Facility and subject to the requirements of Rules 6.4.21(10), (7) and (13). Please delete any and all statements from the application alleging the proposed operation is exempt from the requirements of Rule 6.4.21(13). Please address the requirements of Rules 6.4.21(10), (7) and (13) for the Augmentation Pond. Supplemental Response to Adequacy Issue No. 10. Wildcat is submitting revised copies of Attachment D -4, Figure D -1 and Figure F- 5A, showing that all previously placed fill in Little Deadwood Gulch is located within the affected land boundary. See Ex. 2. DEN 97, 637, 083v1 10 -20 -11 GREENBERG TRAURIG, LLP Is ATTORNEYS AT LAW ® WWW.GTLAW.COM