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• Minutes, May 21-28, 1992 DRAFT Subject To Board Approval Staff said one of the operators, COM, Inc., submitted an amendment application to the Division, however, it was not signed by both parties. Therefore, no corrective actions had been completed by May 22, 1992, as ordered. The Division recommended that the Board find the operators in violation, with no consideration of suspension, and that if corrective actions are not completed by a specified time, the Division would bring the matter before the Board for consideration of permit suspension or revocation. Staff provided a detailed discussion of the unpermitted water sources used at the site. Mr. John R. Henderson, an attorney representing Gold Hill Ventures, addressed the Board and discussed the issue of water sources and utilization. He said the co-operators had been meeting in an attempt to resolve the issue related to this case. Mr. Henderson presented and discussed EXHIBIT D, a water agreement signed by both parties. Ms. Gwen Fraser and Wayne Tatman, with CDM, Inc., addressed the Board and discussed issue of days of violation, as well as the issue of water usage. Mr. Tatman stated that they ceased operating the mill on February 28, 1992. He said COM, Inc. used the water located on-site which was pumped into storage tanks by Gold Hill Ventures. Mr. Evan Frei rich, a resident of the area, referenced EXHIBIT E, his March 20, 1992 setter to the Division, and addressed the Board briefly regarding issues of water usage and discharges from the site. Staff explained that this matter was brought before the Board, because the Division was unable to obtain a response from the operators about what was actually occurring at the site. At this time, Ms. Fraser stated that the original permit required makeup water to be obtained from Left Hand Ditch, for use if their water supply was depleted. She said that COM, Inc. did not use water from Left Hand Ditch, because it was not needed and that her opinion was that this was in accordance with the original permit. Mr. Avron Howard, a professional geologist and resident of the Boulder area, addressed the Board briefly in support of Gold Hill Ventures. Staff said that the agreement signed by both parties addresses most of the Division's concerns, however, a few minor questions remain. Mr. Henderson requested that the Board consider a reduction in the amount of the proposed civil penalty. Mr. Mark Steen, with Gold Hill Ventures, addressed the Board and said that he had responded to the Division's request for a written plan on March 24, 1992. He said the co-permittee has agreed to accept and follow the plan that he developed for operating the site. He presented EXHIBIT F, a May 28, 1992 letter in which he said he had adderssed concerns raised in Mr. Freirich's March letter.