ENFORCE35161

• Permit No: M1983141
• IBM Index Class Name: Enforcement
• Doc Name: STAFF PRESENTATION BY WILLIAM C YORK FEIRN
• Media Type: D
• Archive: No

Minutes, August 26-21, 1992
D RA P~f'
Subject To Board Approval
contents of the Order issued by the Board during that Meeting. It
included a request that the Attorney General investigate the situation
regarding the existence of Gold Hill Ventures and Gold Hill Ventures
Limited Partnership and provide an opinion and guidance to the Board
toward resolution of the problem of the placing of proper parties'
names on the permit and Board Orders. The Board had also stated that
if the operators satisfactorily completed all corrective actions in a
timely manner, including payment of civil penalties, the cease and
desist order could be dropped.
Staff said that since that time, the operators have completed the
corrective actions, including payment of civil penalties and,
therefore, the Division lifted the cease and desist order on August 19,
1992. The Division also retains a 55,000 reclamation bond.
Mr. frank Johnson, Assistant Attorney General, presented EXHIBIT B, a
report from the Secretary of State's office, and said that it indicated
that there was no record of Colorado corporations named MiVida
Enterprises, Inc., Cosmos Resources, Inc., or Gold Hill Mining Company,
Inc. being registered with this State. He explained that he was not
able to ascertain the identity of the actual permittees. However, Mr.
Johnson said the parties are working toward resolving this problem. He
briefly discussed the history of this case.
Mr. Frank Johnson recommended that the Board continue this matter in
order to allow time for a stipulation to be finalized that would permit
the site in the names of COM, Inc., and MiVida Enterprises, Inc. He
also requested that the Board provide authorization for the issuance of
a Reason to Believe Letter on its behalf, if the stipulation is not
finalized and permittees are not identified. In that instance, Mr.
Johnson Said the matter would be scheduled for a hearing for the
September 1992 Board Meeting for consideration of suspension or
revocation of the permit, to be effective until the operator(s) is
correctly identified. Mr. Johnson further requested that a Board
Member be designated to issue any subpoenas that might be required to
obtain all corporate documents reiated to this case. Board Member
McCannon volunteered for this responsibility.
Mr. Frank Johnson said that it is possible that Gold Hill Ventures and
Gold Hill Ventures Limited Partnership could be considered unregistered
trade names, and suggested that a record be established which would
allow the Board to hold the proper parties liable under the Board
Order. He said that for future administration of the permit, the
permittees) needs to be identified.
Mr. Clayton Johnson, an attorney representing COM, Inc., stipulated
that COM, Inc. is a co-permittee and that the parties are working
toward a resolution of the problems regarding this matter. Mr. Wayne
Tatman, with COM, Inc., and Mr. Mark Steen, representing the property
owner, MiVida Enterprises, Inc., were present.