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. • Minutes, August 26-21, 1992 D RA~~ Subject To Board Approval It was MOVED that the Board, at Mr. Frank Johnson's recommendation, continue the issue of proper permittee identification to the September 1992 Board Meetinq, provide the Division with the authority to issue a Reason to Believe Letter if no permittee is found or none is found in good standing and problems cannot be resolved within 20 days or prior to the September 1992 Board Meeting, and designate authority to Board Member Mc Cannon to issue subpoenas, if necessary, to obtain partnership agreements or any other agreements relating to the existence of these various entities. SECONDED AND PASSED UNANIMOUSLY (Kraeger-Rovey, Cooley, Jouflas, Stewart, Danielson, Danni and McCannon). ~~i At this time, the Board discussed the request from COM, Inc. for reconsideration of civil penalties assessed for milling unpermitted ores at the Cash Mill. .dr. Wayne Tatman, the operator, and the Company's attorney, Mr. Clayton Johnson, were present to discuss this matter. Mr. Johnson asked the Board to consider information he presented on behalf of the operator that ore from the Bueno Mine was milled for 8 days, rather than 120 days, as reported by the Division. He said that COM, Inc. believed they owned Bueno Mine ore and that the permit allowed ores to be processed from property owned by the operator. Mr. Johnson also asked the Board to reconsider the seriousness of the violation and to reduce or suspend the civil penalty in consideration of the good faith effort put forth by the operator in accomplishing corrective actions. Mr. Wayne Tatman addressed the Board briefly and discussed the ores imported to the Cash Mill. Re said ore from the Bueno Mine was milled for B days. Mr. Tatman said he could produce logs to verify this information. The Division had reported that there were no provisions for milling ore from the Bueno Mine included in the operators' permit. The Board clarified that at the time the Board found the operator in violation, the Division had unsuccessfully attempted to obtain certain information from the operators regarding the ores. The Board'S opinion was that the operator had not operated under the conditions of the permit and, at this time, no additional information or information that was not available prior to the Board issuing the violation was being presented. The Board discussed this matter further with Mr. Tatman and Mr. Clayton Johnson. It was MOVED that the Board deny the operator's request for reconsideration and that providing the dispute regarding the name of the permit holder is settled within the 20-day period previously specified, an amount of 55,000 of the fine will be suspended, due to the good faith efforts put forth by the operator up to this point. SECONDED AND PASSED 5 for (Kraeger-Rovey, Cooley, Jouflas, Stewart, Danielson); 2 against (Danni and McCannon).