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<br />Contained in Mr. Steen's "Application for an Amendment to a Mining and Reclamation Permit" is an <br />affidavit listing all mining claims under control of his company. The affidavit was signed July 29, 1985. <br />In July of 1985, Gold Hill Ventures Limited Partners, represented by Mr. Steen, applied for a building <br />permit to construct an 8400 square foot storage building. The permit (BP 85-768) was issued August I, <br />1985. <br />On August 26, 1985, Gold Hill Ventures was issued a use permit (BP 85-804) for mining and milling. <br />The permit stipulated that the existing north access onto Sunshine Canyon was to be used, and conditioned <br />the permit on issuance of a limited impact permit by the Colorado Mined Land Reclamation Board. <br />In October of 1985, Gold Hill Ventures applied for a remodeling permit (BP 85-1213) to convert the <br />8400 square foot storage building into a mill. Stipulations were placed on the permit, which included <br />"To Process minerals extracted from the property only", and "Milling Accessory to underground mining <br />on the same property only -- no custom milling using imported ore". The permit was issued on <br />November 12, 1985. <br />For some time, Mr. Steen, through business entities, had been involved with Richazd Fraser and Gwen <br />Fraser, who had formed Colina Oro Molina (COM) Incorporated. After consideration regazding business <br />interests, it was agreed that the mill and land associated with it (portions of the Oscaz Lode and Good <br />Enough Lode) would be transferred to the Frasers. They took recorded title on February 5, 1987. <br />In January of 1992, the Land Use Department con[acted Gwen Fraser of COM, Inc., and Mark Steen <br />of Gold Hill Ventures, in response to several complaints regarding the importation of ore to the Gold Hill <br />Mill. The letter stated that importing ore would not be allowed, and that the mill, now on a sepaza[ely <br />owned pazcel, may be in violation because milling is an accessory use to the principal use of mining. <br />The letter also requested further information regazding these issues. <br />James Munn, attorney for COM Inc., responded in a letter dated Mazch 23, 1992. It contained a history <br />of the relationship between COM Inc. and Gold Hill Ventures, and requested that the mill be allowed to <br />import ore. <br />On April 28, 1992 the Land Use Department sent a letter to Swede Johnson, who was believed to be an <br />attorney representing COM Inc. The letter stated the Zoning Administrator's determination that ore could <br />only be imported from land that was in the immediate vicinity and a part of the mining operation. It also <br />stated that they had 30 days to appeal that determination to the Boazd of Adjustment. No appeal was <br />filed. <br />Rodney Knutson, attorney for Mazk Steen, sent a letter to Gwen Fraser of COM Inc. on August 30, <br />1943, warning her of the problems that could azise from importing ore without appropriate approvals. <br />On July 5, 1994, the Land Use Department sent a letter to COM Inc., requiring that they discontinue the <br />importation of ore to the mill. <br />On July 27, 1994, COM Inc. sent a letter to the Land Use Department stating that they were not in <br />violation according to the state's definition of custom milling. It also stated that Building Permit 85-1213 <br />was issued for an out building, and therefore the conditions on the permit did not apply to the mill. <br />On August 4, 1994, the Land Use Department sent a letter distinguishing between the department's <br />determination of an industrial use as it applies to milling, and the state's definition of custom milling. <br />In addition, the letter required records of milling activity as verification of compliance, and established <br />deadlines for submittal. <br />