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<br />This agreement provides for successor permitting and it was in <br />fulfillment of these provisions, request for transfer and succession of <br />operators was submitted by Charles Steen as President of Mi Vida and <br />~,yf, joint venture partner of then existing permittee Gold Hill Mining Co. <br />-~~s``ii~~ While this Board may determine processing of Bueno and Cross <br />~~ ~ Mine ores was in violation of the existing permit as modified and <br />-p2(~~" ,,~~,,,~ amended, nothing suggests the violation was deliberate (willful) as <br />~.oc~~I having been the product of careful and thorough consideration, as <br />`~-gpp,~~~ ~~'.'ry,characterized by an awareness of the consequences. <br />j ~.o`~ To the contrary, the conduct of the co-permittee COM, Inc. <br />~~~-"~vidences a reasoned understanding processing of ore owned by co- <br />r permittee, as was the Bueno ore and Cross Mine material, was a <br />`permitted use. <br />' ~ 1 i. Zone D Violation Not Supported b~ l~ridence: <br />~ ~ ^`~~~ To reach the Zone D classification, it must be found that there is <br />e~,nJ- I~ at least moderate off-site damage, on-site damage and/or moderate <br />°~" health or safety hazard. ` ll~R <br /> <br />T,"''' ~ ~: There is no evidence materials processed either caused damage ~"" l~~J <br />'~ ' - off-site or on-site or were hazardous to health <br />~ and safety. There is s.S•~. ~a <br />~- °;"" particularly no evidence to support the contention milling of Bueno ~~ <br /> <br />p,!„_;{ ~o, C;-,; <br />.!sore or Cross mine material did any damage or consituted <br />health or ! null <br />~~~ _ safety hazard. s. <br />1'~ <br />UX1~D! TI (T4' <br />sae <br />It should be emphasized co-permittee, <br />COM, Inc., <br />has not ° <br />~`~ <br />_ <br />,,,~a,i,,,,,~ engaged in any mining operations to date. (Y <br />.a elm; ~ <br />uo~ ;b •s The only activities in which co-permittee has engaged has been <br />GN+LP removal of ores owned by co-permittee to permitted mill for purpose <br />~~01" ~~ of operating mill, largely in an attempt to bring mill into operational <br />status whereby mill could effectively process ores with expectation of <br />reasonable recoveries and be prepared to fulfill its contractual <br />commitments under the COM, Inc./Mi Vida milling agreement. <br />Material processed from the Cross Mine, again was not material <br />mined currently but stored material on the surface. This material was <br />utilized by co-permittee -COM,_Inc. for the purpose of controlling mill <br />~~~ operationsEross mine materi_~vas mixed with ore from the Bueno <br />a„~,8;,~~ properties to contro c em~stry of milling operations with object of <br />tom, lam!-. minimizing water consumption through clarification and recirculation. <br />Based upon the foregoing, Petitioner urges conduct of Petitioner <br />should not be found to have been willful and any damage, if any there <br />be, as the proximate result of the offense (milling of unpermitted ore), <br />be determined slight. <br />11 <br />