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• <br />May 16, 2012 <br />Dustin Czapla <br />Division of Reclamation, Mining and Safety <br />101 South 3rd Street, Suite 301 <br />Grand Junction, CO 81501 <br />Dear Mr. Czapla: <br />CLC ASSOCIATES <br />RECEIVED <br />MAY 30 2012 <br />Division of Reclamation, <br />Mining & Safety <br />RE: May Day Idaho Mine Complex, Permit No. M- 1981 -185, Technical Revision (TR2) <br />Response to Adequacy Comments <br />DENVER • PHOENIX • SALT LAKE CITY • SPOKANE <br />RECEIVE <br />GRAND MAY . 8 2012 <br />jurecTION FIELD OF <br />wnON MnvrNG & SAFE <br />Please find responses to your comments, dated May 4, 2012, regarding the New Access Road (TR2). <br />Feel free to call me at (303) 770 -5600 if you have any questions regarding how the comments were <br />addressed. <br />1. The proposed access road has not previously been addressed in an approved Reclamation Plan. <br />Please address all of the applicable requirements of Rule 6.4.5, as they pertain to the proposed <br />access road work plan. <br />Response: Fairview Land Corporation (FLC), the legal owner of the private lands on which the <br />road will be constructed, has expressly stated to Wildcat Mining Corporation (Wildcat) that it <br />desires the New Access Road be a permanent feature on its property and that it not be removed <br />or reclaimed when mining operations cease. On May 11, 2012, Wildcat received a signed letter <br />from David Tippit, President of FLC, stating FLC's desires. This letter is included with this <br />response. Upon recommendation from DRMS, Wildcat has discussed this alternative with <br />Victoria Schmitt, Planning Engineer with the La Plata County Planning Department, and both <br />Wildcat and DRMS have received email and verbal confirmation that the question of a <br />temporary or permanent road has no bearing on the County's approval process for this road. <br />Therefore, Wildcat believes that DRMS can approve the road as being a permanent feature <br />without conflicting with La Plata County's variance approval process. In accordance with Rule <br />3.1.1, the post- mining land use of the lands affected by activities under TR2 is designated to be <br />access for future residential, recreational and /or industrial uses on lands that are owned by FLC <br />that would be made accessible via this road. Once completed, this access road will be the only <br />legal means for FLC to access its lands; therefore it's imperative in FLC's view that this road be a <br />permanent feature regardless of the post mining land use designation. In accordance with Rule <br />6.4.5(2)(b), comparable land uses are allowed on other private lands adjacent to and in the local <br />vicinity of the access road. Wildcat must seek approval to construct the access road from the La <br />Plata County Planning Department and will only proceed with construction after gaining <br />approval from La Plata County to do so. As a result, and with respect to Rule 6.4.5(2)(b), Wildcat <br />believes that if constructed, the post mining land use allowing the road to be a permanent <br />6480 EAST ORCHARD ROAD • SUITE 2000 • GREENWOOD VILLAGE • CO 801 1 1 P 303 770 5600 • F 303 770 2349 <br />