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<br /> <br />13. Duration of Violation Unsupported by Bbidence: <br />No evidence is in the record to sustain allegation violation <br />~ persisted for the duration alleged. <br />r' `'(`"°¢ ~° Penalty imposed is calculated on an alleged violation persisting <br />ore c+K~s"~ for 123 days. <br />The 123 days is calculated as that elapsed period between date <br />_ of inspection, 11/26/91, to 3/26/92. No evidence supports this <br />D"`"°" contention. In absence of such evidence, there is no basis for fording <br />~`~"'"0'~~ violation to have persisted for this duration. <br />~i~e , <br />,bl¢ <br />v~w-h~„,s Inspection report was prepared and submitted on February 5, <br />1992. This report was addressed to Mark A. Steen, Gold Hill Ventures <br />Limited Partnership and COM, Inc. This report raised the possibility <br />of a violation stating that as of November 26, 1991 the inspection <br />found ore processed in the mill from properties other than those <br />ASIA CoM~I..~ ~ owned by Gold Hill Ventures Limited Partnership". <br />''"e'er"' ~~ i There is no evidence of any reinspection stating the violation, <br />cif O.otest alleged to have been first observed on November 26, 1991, had <br />ore `' persisted. <br />In event it were determined a penalty should be assessed, <br />reconsideration should be permitted to present evidence as to the <br />duration, if any, upon which civil penalty is properly assessed. <br />14. Conclusion: <br />It is again emphasized there are no properties to the knowledge <br />of co-permittee, COM, Inc., owned by Gold Hill Ventures Limited <br />Partnership. <br />Permittee, under the amendment to the permit acknowledged <br />as of October 21, 1991, is Gold Hill Ventures and not Gold Hill <br />Ventures Limited Partnership. <br />Gold Hill Ventures is an unincorporated association known to <br />Petitioner as a general partnership between Mi Vida Enterprises, Inc. <br />(Steen family corporation) and Cosmos Resources, Inc., (a Canadian <br />corporation). <br />To the best of the knowledge of co-permittee COM, Inc., Gold <br />Hill Ventures Limited Partnership, even as an unformed association, <br />has no record ownership of mining claims independent of the Mi <br />Vida/Steen interests. <br />13 <br />