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Cc: P:ineda, Loretta; Shuey, Steve; Jeff Fugate; 'George Robinson'; Ginny King; Neumann, <br />Christopher (Shld-Den-LT-Env); Regas, Beth <br />(Assoc-Den-LT-Env) <br />Subject: RE: Complaint from Phil Vigil <br />Wally: On behalf of Wildcat Mining, I thank you for forwarding the complaint of Mr. Vigil as <br />well as the report and photographs from your site visit of 20 August. After talking with <br />Wildcat we have several concerns and observations to share with you in the hopes of providing <br />further clarification and continuing to build Wildcat's relationship with you and the rest of <br />the staff at DRMS. <br />First, your observation about a possible break-in is, we fear, quite possibly accurate and of <br />concern to us. About a week ago I notified Loretta Pineda about trespassers and the fact <br />that Wildcat equipment had been vandalized by someone. I requested, and Loretta has <br />preliminarily approved, conducting the necessary repairs to the equipment on site. As part <br />of that request I advised Loretta that one piece of equipment, a dozer, was in a building (I <br />think the one you referenced) and that we intended to keep it there. The other piece of <br />equipment, a backhoe, is to be repaired and moved to the bottom of the hill just across the <br />bridge but not across the Wildcat or USFS roads. The backhoe was moved (probably why you saw <br />tracks) as a preventative step due to the <br />vandalism and will need to be moved once again when repaired. <br />As you observed, we have obeyed the order and have not used the Wildcat <br />road for any purpose. I don't think we have seen any "major gully" or <br />"significant" erosion on any of the roads but have been trying to prevent any damage due to <br />erosion that we can by working with hand tools. It was my understanding that under the terms <br />of the cease and desist, Wildcat could not perform any work on the site without the approval <br />of DRMS. Is that correct or may we act independently to address concerns such as these when <br />we see them or others bring them to our attention? Wildcat would like to be environmentally <br />responsible and a good neighbor by tending to these roads. Our hope is that we will soon <br />have approval from DRMS to tend to these matters. <br />I also don't know how Wildcat can be responsible for what happens on the Incas road. From <br />what Wildcat tells us, four wheelers can come in from <br />anywhere and are often just as unwelcomed by us as by the neighbors. <br />As a final note, the complaint itself concerns Wildcat. First, the complaint appears to <br />relate back to mid-July as the email is dated 9 August and references "Two weekends ago." <br />Through no fault of yours, but when Wildcat became aware of the complaint on 20 August it was <br />nearly 30-45 days stale. It is difficult for Wildcat to respond to or defend itself on any <br />complaint with the passage of so much time. In addition, and given Wildcat's legitimate <br />concerns with trespassers, Wildcat believes that Mr. Vigil could not have observed all of <br />these conditions without coming onto the Wildcat mining site. If that is the case, a gentle <br />reminder from you that he should stay off of the Wildcat site would be appreciated. Given <br />the history of vandalism and everyone's legitimate concerns about safety, we would like to <br />minimize the number of people accessing the site. Thank you Wally <br />Penfield W. Tate <br />Shareholder <br />Greenberg Traurig 1200 17th Street, Suite 2400 Denver, Colorado <br />80202 <br />Tel 303.685.7442 Fax 720.904.6142 <br />TateP(lgtlaw.com www.gtlaw.com <br />USA LAW FIRM OF THE YEAR, CHAMBERS GLOBAL AWARDS 2007 <br />2