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This was consistent with understandings and facts of bifurcated ownership, priority milling arrangement existent between the two owners with approved succession as co-permittee and co-operator. D~, ~k ~`` COM, Inc. as co-permittee was deemed to be on equal footing ~o- Q%~~y • Cwith Gold Hill Ventures with respect to utilization of properties. ~~ °'~ It was the view of COM, Inc. no further amendment was required to restate the permit. While permitting milling of ores from Gold Hill Ventures properties remained permitted, milling of ores from COM, Inc. properties was assumed now permitted as well. Had further action been required to reform and restate application materials, as theretofore amended and supplemented,~o es /cl"arify~rights~and obligations under the permit, then the"October 21;~ ~o ~~ gg 1 MLRB .letter did not so suggest. It was incorporation-of those y ~ ~• materials in their then existing form which caused co-permittee/co- c~" zr~~~,:~ ~ operator COM, Inc. to believe those activities theretofore authorized (°.> ,~ Gold Hill Ventures were deemed now amended to authorize and apply ~"~ ~` with equal force to COM, Inc. ~;s All of this was clearly understood to retain the exclusion of processing ores for third parties, custom or toll milling or milling on a contract basis. [The priority milling agreement was not deemed a violation of the contract milling prohibition as it only stated the arrangement between the co-permittee/operators.] COM, Inc. has taken great caze to avoid operating the mill as a "custom mill facility" or to process ores "on a toll basis for other mining operations". COM, Inc. does not believe it has and therefore asserts it has not operated in violation of terms of permit as amended. 9. Milling Not in Violation of Permit: Permit No. M-83-141, as amended and restated in 1985, identifies Gold Hill Ventures Limited Partnership as successor operator permittee to the original permittee Gold Hill Mining Co. It is this 1985 amendment which first permits Gold Hill Mill. While naming applicant/operator, owner of record of affected land, and owner of substance to be mined as Gold Hill Ventures Limited Partnership, as so designated on the application form, the supplemental material makes reference to Gold Hill Venture's properties. ~ The term Gold Hill Ventures and Gold Hill Ventures Limited Partnership appeaz throughout the permit as having interchangeable {,r~ and alternative application. 7