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Succession approval was acknowledged by Mined Land Reclam- ation Division on October 21, 1991, MLRB approved on March 18, 1991, which approval incorporated, as amended and supplemented, all application materials as an integral part of permit as then amended. Petitioner herein, in reliance upon actions in transference of the ~~ permit, read and understood the amended permit of July 20, 1985 as ~(vi5„~ substituting for Gold Hill Ventures Limited Partnership, the now co- ~~~"" ~~k `~ermittee Gold Hill Ventures and COM, Inc. 1N~ The effect, as understood by Petitioner, was to so redesignate permittee (co-permittees) as applicant/operator, owner of affected lands, owner of substance to be mined and milled. In each instance, it remained understood in limitation, mill would not accept or process third party or custom ore on a toll milling or contract basis. As differently stated under the milling plan, sub- paragraph 4 "the mill will not be operated as a custom milling facility and it will not process ores on a toll basis for other mining operations." ~0'1 ~ It was the understanding of Petitioner the mill was permitted to ~S~d" rocess ores owned by operator/co-permittee. It was on the basis of -~~d h is understanding, co-permittee, COM, Inc., entered into its contract U~'w with Energetics, through its Colorado-based associated company, to acquire proprietary rights to the Bueno ores. It should be additionally recognized, preliminary to resumption/ commencement of mill operations, co-permittee concluded a contractual agreement with Mi Vida Enterprises, Inc. (Steen family corporation) to mill ores from Mi Vida (Gold Hill) properties on a priority basis at such times as Mi Vida elected, at its sole option, to deliver ores to the mill. This agreement was calculated to resolve many of those substantial differences between COM, Inc. (Erasers) and Mi Vida (Steens) with respect to utilization of the mill in a productive manner to conserve and sustain the considerable FYaser financial commitment. This priority milling agreement is based upon and arises out of the original draft document prepared and submitted to COM, Inc. (FYaser) by John Henderson on behalf of Mi Vida (Steens). This draft document served as the basis for the final negotiated agreement. This priority milling agreement clearly contemplates the mill will operate to mill ores from sources other than those owned or controlled by Mi Vida at Gold Hill. This alternative milling is to occur during those periods in which Mi Vida fails to deliver ores to the mill from its sources in proximity to the mill. 10