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 6 Adequacy Issue No. 14. The application identifies at least nine permanent man -made structures located within 200 feet of the permit boundary, as follows: County Road 124, a bridge at La Plata River, an overhead power line owned by La Plata Electric Association, an underground telephone line owned by Qwest Communications, two fence lines (Vaught and Olsen), three water wells (O'Donnell, Fagerlin and Linden), and pre - existing access roads. Pursuant to Rule 6.4.20, the Applicant shall provide information sufficient to demonstrate that the stability of any structures located within 200 feet of the permit boundary will not be adversely affected. If the Office determines that such information is inadequate to demonstrate that the operation will not adversely affect the stability of any significant, valuable and permanent man-made structure, the Applicant shall either: a. Provide a notarized agreement between the Applicant and the person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b. Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c. When such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. The damage compensation agreements prepared by the Applicant reference a different operation by name and permit number. Therefore, the compensation agreements are not acceptable, as they were not executed for the May Day Idaho Mine Complex, Permit No. M- 1981 -185. The application does not satisfy the requirements of Rule 6.4.20(a). Please submit fully executed compensation agreements which correctly identify the appropriate operation by name and permit number, or address these man-made structures through one of the other options specified in Rule 6.4.20. Supplemental Response to Adequacy Issue No. 14 (Sixth Adequacy). Wildcat either owns or leases the land upon which the La Plata Bridge and all pre- existing access roads are located. As a result, Wildcat is the only party with an interest in these structures, and no damage compensation agreement or engineering evaluation is required. DEN 97, 637, 083v1 10-20-11 GREENBERG TRAURIG, LLP ® ATTORNEYS AT LAW ® WWW.GTLAW.COM