PAGE 1 of 6 PAGES
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13G
Under the Securities Exchange Act of 1934
(Amendment No. )1
BRUSH CREEK MINING AND DEVELOPMENT CO., INC.
(Name of Issuer)
Common Stock, no par value
(Title of Class of Securities)
117418 400
(CUSIP Number)
June 8, 1998
(Date of Event Which Requires Filing of this Statement)
Check the appropriate box to designate the rule pursuant to which this
Schedule is filed:
__ Rule 13d-1(b)
X Rule 13d-1(c)
__ Rule 13d-1(d)
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1 The remainder of this cover page shall be filled out for a reporting
person's initial filing on this form with respect to the subject class of
securities, and for any subsequent amendment containing information which would
alter the disclosures provided in a prior cover page.
The information required in the remainder of this cover page shall not
be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange
Act of 1934 or otherwise subject to the liabilities of that section of the Act
but shall be subject to all other provisions of the Act (however, see the
Notes).
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CUSIP NO. 117418 400 13G Page 2 of 6 Pages
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1 NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NO. OF REPORTING PERSON (ENTITIES ONLY)
David Werner
2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
(a) | |
(b) | |
3 SEC USE ONLY
4 CITIZENSHIP OR PLACE OF ORGANIZATION
U.S.A.
NUMBER OF 5 SOLE VOTING POWER
SHARES 207,483
BENEFICIALLY
OWNED BY 6 SHARED VOTING POWER
EACH NONE
REPORTING
PERSON WITH 7 SOLE DISPOSITIVE POWER
232,483
8 SHARED DISPOSITIVE POWER
NONE
9 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING
PERSON
232,483
10 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN
SHARES _
NOT APPLICABLE | |
11 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW 9
Under 5%
12 TYPE OF REPORTING PERSON
IN
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CUSIP NO. 117418 400 13G Page 3 of 6 Pages
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In accordance with the revised Rule 13d-1 promulgated under
the Securities Exchange Act of 1934, as amended, this Schedule 13G is being
filed as an amendment to a Schedule 13D (the "Schedule 13D") that was previously
filed by the Reporting Person (as hereinafter defined) to report changes in
Reporting Person's beneficial ownership of securities issued by the Issuer (as
hereinafter defined) since the filing of the Schedule 13D. Reporting Person
currently owns less than 5% of the issued and outstanding securities of Issuer
and, therefore, his reporting obligation has terminated.
Item 1(a) Name of Issuer
Brush Creek Mining and Development Co. ("Issuer")
Item 1(b) Address of Issuer's Principal Executive Offices
970 East Main Street, Suite 200
Grass Valley, California 95945
Item 2(a) Name of Person Filing
This Schedule 13G is being filed by David Werner ("Reporting
Person").
Item 2(b) Address of Principal Business Office
36 West 44 Street, New York, New York 10036
Item 2(c) Citizenship
Reporting Person is a U.S. citizen
Item 2(d) Title of Class of Securities
Common Stock, no par value
Item 2(e) CUSIP Number
117418 400
Item 3 If this Statement is filed pursuant to Rule 13d-1(b) or
13d-2(b) or (c), check whether the person filing is
(a) ___ Broker or dealer registered under Section 15 of the
Exchange Act.
(b) ___ Bank as defined in Section 3(a)(6) of the Exchange Act.
(c) ___ Insurance company as defined in Section 3(a)(19) of the
Exchange Act.
(d) ___ Investment company registered under Section 8 of the
Investment Company Act.
(e) ___ An investment adviser in accordance with
Rule 13d-1 (b) (1) (ii) (E);
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CUSIP NO. 117418 400 13G Page 4 of 6 Pages
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(f) ___ An employee benefit plan or endowment fund in accordance
with Rule13d-1 (b) (1) (ii) (F);
(g) ___ A parent holding company or control person in accordance
with Rule 13d-1 (b) (1) (ii) (G);
(h) ___ A savings association as defined in Section 3(b) of the
Federal Deposit Insurance Act;
(i) ___ A church plan that is excluded from the definition of an
investment company under Section 3(c) (14) of the
Investment Company Act;
(j) ___ Group, in accordance with Rule 13d-1(c), check this box.
Item 4 Ownership
Provide the following information regarding the aggregate number and
percentage of the class of securities of the issuer identified in Item 1.
(a) Amount beneficially owned: 232,483
(b) Percent of class: Under 5%
(c) Number of shares as to which such person has:
(i) Sole power to vote or to direct the vote. 207,483
(ii) Shared power to vote or to direct the vote. N/A
(iii) Sole power to dispose or to direct the disposition of 232,483
(iv) Shared power to dispose or to direct the disposition of N/A
Item 5 Ownership of Five Percent or Less of a Class
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Except for as set forth herein, not applicable
Item 6 Ownership of More than Five Percent on Behalf of Another Person
---------------------------------------------------------------
Not Applicable
Item 7 Identification and Classification of the Subsidiary Which
Acquired the Security Being Reported on By the Parent Holding
Company
Not Applicable
Item 8 Identification and Classification of Members of the Group
---------------------------------------------------------
Not Applicable
Item 9 Notice of Dissolution of the Group
----------------------------------
Not Applicable
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CUSIP NO. 117418 400 13G Page 5 of 6 Pages
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Item 10 Certification
By signing below the undersigned certifies that, to the best
of its knowledge and belief, the securities referred to above were not acquired
and are not held for the purpose of or with the effect of changing or
influencing the control of the issuer of such securities and were not acquired
and are not held in connection with or as a participant in any transaction
having such purpose or effect.
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SIGNATURE
After reasonable inquiry and to the best of my knowledge and
belief, each of the undersigned certifies that the information set forth in this
statement is true, complete and correct.
Dated: June 18, 1998
/s/ David Werner
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David Werner
