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07/22/95 08:55 FA% 2089327793 Fraser, Inc. (~ 002 <br />,. • <br />COM, INC. <br />Corporate Co11D.$ Oro Mo11IIO ~.te <br />P.O. Box 80905 9145 Sunshine Canyon Rd. <br />SeatDe, wA 98108 Boulder. CO 80302 <br />Bus: (206) 932-1800 Bus: (303) 447-774b <br />Fax (206) 937-8232 Fa$ (303) 447-7746 <br />July 15, 1995 <br />Glen Segrue <br />Boulder County Land Use Department <br />2040 14.th Street <br />Boulder, Co 80306 <br />Dear Mr. Segrue, <br />Thank you for the •time that you afforded me Friday last. I <br />will be in Boulder again next Thursday and Friday, July 20 <br />and 21 and perhaps it would make sense to set up a meeting <br />after you review this letter_ <br />It remains COM, Inc.'s position that .the mill site, because <br />it is on a patented claim filed pre-1972, is a sub-division. <br />I quote from the letter sent to Boulder County March 23, 1992 <br />from our then corporate counsel Mr. James Munn. <br />"The separate existence stems from Patent "17992 (Oscar <br />Lode) discovered April 5, 1898, clearly ante-dating the 1972 <br />provision with respect to severance and sub-division. <br />Similar ancient recording applies to the Good Enough." <br />The state, was satisfied with that siting, and as we all <br />know the permit process went on to successful conclusion. <br />Further', it is also COM, Inc.`s position, in support of the <br />entire industry, that milling associated with subsurface <br />mining is a use by right in a Forestry Zone_ I quote from <br />your Land Use Code: (SEE ATTACHED) <br />ARTICLE 4-508- MINING USES <br />(E) SUBSURFACE MINING <br />(1) Definition: The extraction of natural mineral <br />deposits, except uranium, by underground methods, including <br />the milling and processing of the ore produced and the <br />reprocessing of tailings. <br />(5) Additional Provisions: <br />a. This use is not required to be located on a <br />building Lot, or comply with the minimum lot size requirement <br />for the district in which it is located. <br />COM, Inc. has a contractual obligation to MiVida Enterprises, <br />Inc. to have milling capacity available to them for the <br />processing of their.vast.underground mine holdings for-which <br />the Gold Hill Mill was designed, built, and permitted. <br />