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<br />The effect of this amendment was to displace the non-existent <br />Gold Hill Ventures Limited Partnership with the general partnership, <br />Gold Hill Ventures, and redesignate permittee to include COM, Inc. <br />Thereafter, and by letter from Michael B. Long, February 5, <br />1992, MLRB referenced (Permit No. M-83-141) for possible violation. <br />The text of this February 5. 1992 letter asserts, by inspection <br />conducted on November 26, 1991, there was found ore processed in <br />the mill from properties other than those owned by Gold Hill Ventures <br />Limited Partnership. It was stated this was found to be in violation of a <br />condition of the permit. <br />COM, Inc.'s response was that ore milled at the mill came from <br />Bueno (Jamestown) properties and was reclaimed ore from existing <br />stock piles on the surface, which ore was owned by COM, Inc. under a <br />lease option contract with Energetics, owner of the Jamestown <br />properties of which the Bueno is a part. <br />It was COM, Inc.'s asserted understanding and belief this was a <br />permitted use of mill inasmuch as these ores came from properties <br />owned by COM, Inc. processed at Gold Hill Mill as a permittee/ <br />operator under Permit No. M-83-141, as amended by MLRB action on <br />October 1S, 1991. <br />This understanding was derived from the whole succession of <br />events beginning with the severance of the mill property by deed to <br />Fraser on January 27. 1986; the milling contract between Mi Vida and <br />COM, Inc. dated February 13. 1991 giving rise to application for the <br />transfer; and succession from Gold Hiil Mining Co. to Gold Hill <br />Ventures and COM, Inc. dated June 7, 1991, accepted by action of <br />MLRB October 18, 1991 approving operator/permittee succession to <br />co-permittees/co-operators, Gold Hill Ventures and COM, Inc. <br />This view was in part based on MLRB letter of October 21, 1991, <br />which, among other things, stated "all of the (M-83-141) application <br />~~~~~~ materials as amended and supplemented, aze an integral part of your <br />CAS permit. They have been incorporated into the permit by reference." <br />~r ~ 1.6F rr Wri~.-S> <br />\ Based on the foregoing, COM, Inc. assumed pplication materials <br />would not be explicitly amended b - cation but would be <br />deemed amended to conform to the now status of the joint successor <br />transferee co-permittee/co-operator. <br />Thus, COM, Inc. accepted that which was deemed exclusive to <br />Gold Hill Mining Co./Gold Hill Ventures (Limited Partnership) was <br />now deemed exclusive to Gold Hill Ventures and COM, Inc. <br />6 <br />