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SENT BY: ENVIRON OFFENSE; :20-96 11:25AM; 3034408052 => • 303 B32 8106; q2/6 <br />F1tIfiNDS OF FEDORA VALLEY <br />P.O. Box 353 <br />Nederland, CO 80466 <br />'3031 258-7957 <br />February 20, 1996 <br />Mined Land Reclamation Board <br />Department of Natural Resources <br />1313 Sherman St. <br />Denver, CO 80203 <br />Dear Boer,i, <br />In a January 25 letter to the Mined Land Reclamation <br />Board, Friac,ds of Eldora Valley said it was "vitally <br />concerned" with the Roard's decisions affecting COM Ind.'s <br />operation of its mill at Gold Hill. The letter said: <br />"FEV fears that continuing paticr~ce with COM <br />init. 's chronic.noncom Pliance with the law will set <br />a precedent difficult to reverse in thc+ state's <br />over-si girt of t}~e Mogul Tunnel in Eldora." <br />t'L•'V added that COM lnc.'s cnnt.Nmpt fur the law, the <br />public -- and the Board -- "can only be halted by revocation <br />of its Golct }{ill permit." failure to revoke the permit, FSV <br />said, "Would sane} a message to the mining community, to <br />other government agencies, t.o the cress and to the public <br />that there is no limit to the MLRB's toleration of mininF, <br />m~Lpractice." <br />Unfortunately that message was, exactly onr.. week later, <br />embraced by Thames Hartley, President of Durango Metals, <br />operator- of the Mogul Tunnel mine in Eldora. In a contract <br />between Durango and Newmineco LLC, siKned February 1, 1996, <br />Duran yn noted that it had applied to thy: Division of <br />Minerals and (;eoloKy for a Mogul Tunnel mining permit. The <br />contract, which is at.t.nclred, stated: <br />"as of Lho date of this Agreement Hartley is not <br />aware of any grounds upon which the said Division <br />would .irny the said ;application for mining permit, <br />and t'urtlrer, that. said application will he <br />comyleted and granted to Durango on or before Mary <br />1, 19yfi-" <br />F,vtdenlly, Mr. 9artlcy knows iu advancr: the decision <br />t}ris lic,atd will make. Well aware of the Board'a endless <br />tol~.•ranee of nonce>mpliancn at thF Gnld Hill Mill, Mr. <br />Hartl.~y nr,w shows his contempt for the permitting process, <br />which he considers a mere formality, as if he has come to <br />