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1,1,1 \\ 1 1 <br />1J 1] `null, <br />Penfield Tate, Esq. <br />Chris Neumann, Esq. <br />Greenberg Traurig, LLP <br />1200 17 Street <br />Suite 2400 <br />Denver, CO 80202 <br />Dear Penfield and Chris: <br />Via email to tatep(c)gtlaw.com and neumannc@gtlaw.com <br />Re: May Day Idaho Mining Complex Roads <br />July 20, 2012 <br />La Plata (.&11111■ Altnrnc\ <br />This letter is in response to questions you had regarding the processing of Wildcat Mine <br />Corporation's ( "Wildcat ") variance request for certain road standards applicable to the May Day <br />Idaho Mining Complex (the "Project "). Specifically, your questions are as follows: (1) Whether <br />La Plata County (the "County ") claims jurisdiction over the internal or historic roads within the <br />affected area of the mining permit; and (2) If Wildcat obtains a variance, whether it can begin <br />construction on the road prior to obtaining a land use permit. The County does claim jurisdiction <br />over the interior roads of the Project, but would rely on Colorado Division of Reclamation <br />Mining & Safety's ( "DRMS ") previous review and approval of the roads to support a variance if <br />certain conditions are met. The County's land use code does not permit construction prior to <br />obtaining a land use permit, but would allow such construction if Wildcat provides proof of <br />certain conditions. <br />County Jurisdiction over the Project's Road <br />The Colorado Local Land Use Control Enabling Act and the Colorado County Planning Code, <br />provide broad authority for the County to plan for and regulate the use of land. Pursuant to this <br />I C.R.S. §§ 29 -20 -101, et seq. <br />` C.R.S. §§ 30 -28 -101, et seq. <br />3 See Board of County Commissioners of La Plata County v. Bowen /Edwards, Inc., 830 P.2d 1045 (Colo. 1992). <br />{4900:1500 00012326.DOCX 3} <br />