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RPM, Inc. <br />January 6, 2012 <br />Div of Reclamation, Mining and Safety <br />Attn: Mr. Michael Cunningham <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />1.3N 0 6 2012 <br />Division of Reclamation, <br />Mining & Safety <br />Re: Calais Resources Colorado, Inc., File No. M 1977 -410, Response to the Division's <br />Adequacy Review Letter dated November 17, 2011 <br />Dear Mr. Cunningham: <br />AO/ <br />RECEIVED <br />Following are Calais Resources Colorado, Inc., responses to your adequacy letter of November <br />17, 2011 for permit amendment application, file No. M 1977 -410. <br />The Division's adequacy question is in italics with Calais Resources Colorado, Inc., response in <br />non - italics font. <br />6.3.2 Exhibit B — Site Description: <br />1. The US Army Corp of Engineers (COE) has determined the areas around the Pond No.1 <br />are jurisdictional Wetlands. (a) Please clarify what implications this has on reclaiming the pond <br />areas. (b)Will approval from the COE be required? (c) Will additional mitigation measures be <br />required? <br />a. Calais has contracted with a consulting firm to address the wetlands issue. According to <br />our consultant, in order to change the status of the ponds from jurisdictional to non jurisdictional, <br />the flow of water into the ponds should be cut off Once the flow is terminated, a request to the <br />COE documenting the lack of flow should be sent. COE could then determine the ponds are <br />non jurisdictional and no longer regulated. (Mine flows would need to be routed around the <br />ponds via ditches to Coon Track Creek.) <br />b. The COE has determined the lined ponds (one and two) are waters of the US. If the mine <br />were to shut down today, approval from the COE would be needed to remove the liners from <br />ponds and backfill. However, if the ponds are made non jurisdictional, then COE approval <br />would not be needed. The reclamation plan calls for pond two to remain after site reclamation. <br />Therefore, only pond one's reclamation would be needed, unless it was left at the request of the <br />landowner. <br />c. No additional mitigation measures should be required provided the ponds are left or made <br />non jurisdictional. <br />RPM, Inc., 9050 Old Tom Morris Cir., Highlands Ranch, CO 80129 Phone: (303) 854-7499 FAX:(303) 660 -3852 Email: hlhumphries2racomcast.net <br />