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<br />• i <br />Vida Enterprises is required to contribute the land surface for new tailings pond construction <br />on its mining claims that are reasonably near the existing pond and physically and <br />topographically suitable for this purpose. Mi Vida Enterprises did not grant COM, Inc. the <br />right to extract minerals from any of its mines or to disturb or process any of the historic mine <br />dumps that are present on its mining claims. The term of the Milling Contract between COM, <br />Inc. and Mi Vida Enterprises is for ten years and will expire in six more years. <br />At the September 21, 1994 hearing, the Colorado Mined Land Reclamation Board <br />ordered COM, Inc. to submit a new permit application to the Division of Minerals and <br />Geology by November 1, 1994, which was to have included a plan that provided for a safe <br />freeboard level in the tailings pond and an engineered design to either modify the existing <br />tailings impoundment or to construct a new impoundment to handle the amount of expected <br />tailings in a stable manner. COM, Inc. was also ordered to obtain an approved permit <br />application by December 1, 1994. On January 25, 1995, COM, Inc. was ordered by the <br />Mined Land Reclamation Board to obtain an approved permit by February 28, 1495. If an <br />approved permit is not obtained by February 28, 1995, the permit for the Gold Hill Mill and <br />for the Cash, Who Do, White Cloud, and Wynona mines will be noticed for revocation and <br />bond forfeiture. In addition, a $5,000 civil penalty will be due on March 1, 1995, if COM, <br />Inc. does not have an approved permit by that date. During the January hearing, Mr. Richard <br />Fanyo, the attorney representing COM, Inc., indicated [hat his client accepted responsibility <br />for obtaining the new mill permit and for any civil penalty that may be imposed. <br />The purpose of this letter is to restate Mi Vida Enterprises' position regarding the need <br />for COM, Inc. to obtain a separate permit for the Gold Hill Mill that will govern its operations <br />and reclamation plans at the milling facility. I hope that the following information will assist <br />the Division of Mines and Geology in processing COM, Inc.'s permit application. <br />The Cash and Who Do mine claim group consists of the following mining claims: the <br />Cash, Freiburg, Bella, Bellevue, Comet No. 2, Donald R., and Who Do patented lode claims <br />and the Cash Mine Dump unpatented lode claim. The White Cloud and Wynona mine claim <br />2 <br />