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Minutes, June Z4-25, l~ <br />DRAFT <br />Subject To Board Approval <br />The Board explained that the Division and Board do not initiate <br />involvement in the interrelations and processes that occur between <br />co-operators and that the action taken Should be against both <br />co-permittees. <br />In response to an inquiry from the Board, Staff said that according to <br />Division records, at the time of the violations, the permittees <br />included Gold Hill Ventures Limited Partnership and COM, Inc. <br />Mr. Steen, in response to a question from the Board, stated that the <br />financial warranty and certificate of deposit for the last successor of <br />operator were issued to Gold Hill Ventures, a Colorado mining <br />partnership, and Colina Oro Molina. <br />The Board asked that the Division clarify the names of the <br />co-permittees at the time the notice of violations were issued. Staff <br />reviewed the permit and stated that the original permit was issued to <br />Gold Hill Mining Company in 1983, a succession of operator was approved <br />in 1985 changing the name of the permittee to Gold Hill Ventures <br />Limited Partnership, and in 1991 a succession of operators changed the <br />permittee from Gold Hill Mining Company to Gold Hill Ventures (rather <br />than Gold Hill Ventures Limited Partnership) and COM, Inc. <br />Staff said the records indicate that the last succession of operator <br />(August of 1991) did not change the permittee from Gold Hill Ventures <br />Limited Partnership. Staff said that process changed the name from the <br />original permittee (Gold Hill Mining Company) to Gold Hiil Ventures and <br />COM, Inc. The Division issued the notice of violation to Gold Hill <br />Ventures Limited Partnership on March 27, 1992. The Board discussed <br />this issue in detail with Staff and Mr. Steen. <br />After further review of the permit, Staff said that it appears that the <br />last succession of operator is not correct, because the transferring <br />permittee, Gold Hill Mining Company, should have been Gold Hill <br />Ventures Limited Partnership. Staff said that in this instance, the <br />name of the co-permittee would still be Gold Hill Ventures Limited <br />Partnership. <br />The Board discussed amending the Board Order to substitute the correct <br />party, since all other issues would remain the same. It was also <br />suggested that the matter be continued, with a request that the <br />Attorney General's Office investigate the situation and provide an <br />opinion and guidance to the Board toward resolution. <br />In response to questions from the Board, Mr. Steen stated that the <br />"Limited Partnership" no longer exists. He said this was eliminated <br />through the succession of operator. However, he said the Colorado <br />mining partnership, Gold Hill Ventures, is in existence at this time. <br />Staff said that since COM, Inc., paid a portion of the civil penalty in <br />this matter and a portion of it remains unpaid, the Board might also <br />consider whether further civil penalties should be assessed for <br />non-compliance with the Board Order. <br /> <br />