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DIVISION OF RECLAMATION, MINING AND SAFETY
<br />Department of Natural Resources
<br />1313 Sherman St., Room 215
<br />Denver, Colorado 80203
<br />Phone: (303) 866 -3567
<br />FAX: (303) 832 -8106
<br />September 10, 2013
<br />Kerry Vinci
<br />Aspen Mineral Resources, Inc.
<br />PO Box 1309
<br />STATE OF COLORADO
<br />Rancho Santa Fe, CA 92067 Loretta Pirieda
<br />Director
<br />Re: Sooner Lucky Strike Mine, Permit M- 1982 -020, Notice of Pending Designation as a Designated
<br />Mining Operation
<br />Dear Mr. Vinci,
<br />The Division has determined that the Sooner Lucky Strike Mine, Permit Number M- 1982 -020, is a
<br />Designated Mining Operation ( "DMO ") as defined in the Colorado Mined Land Reclamation Act (CRS §§
<br />34 -32 -101, et seq.) ( "Act") and the Rules and Regulations of Hard Rock, Metal, and Designated Mining
<br />Operations ( "Rules "). The statutory and regulatory definition of DMOs include mining operations at
<br />which toxic or acidic chemicals are used in the extractive metallurgical processing on the site or mining
<br />operations at which acid- or toxic - forming materials will be exposed or disturbed as a result of mining
<br />operations. C.R.S. § 34- 33- 103(3.5)(1) -(II); Rule 1.1(14)(a) -(b). The Rules require the Division to provide
<br />notice to the operator if the Division determines a mining operation is, or has the reasonable potential
<br />to be, a DMO based upon the criteria established in the definition of DMO. (Rules 7.2.1(1), 7.2.2(1))
<br />This letter serves as notice to the operator that the Division has determined the Sooner Lucky Strike
<br />Mine is a DMO ( "Notice ").
<br />The Division's notice to an operator regarding its DMO determination must include factual statements
<br />supporting the determination. See Rule 7.2.2. The Division's determination for the Sooner Lucky Strike
<br />Mine resulted from its review of the permit application and file and the present and foreseen
<br />operational conditions of the Sooner Lucky Strike Mine, including site geology and geochemistry, ore
<br />materials to be extracted, and the chemicals and reagents that will be necessary to use for milling and
<br />processing ore materials. The Division relied upon the following facts to support its determination that
<br />the Sooner Lucky Strike Mine is, or has the reasonable potential to be, a DMO:
<br />Activities at the Sooner Lucky Strike Mine currently consist of mill and mine improvements and
<br />other infrastructure to begin extractive metallurgic processing from the attached mine. Mined
<br />ore will be processed at the milling facility on site, which will utilize acid or other potentially
<br />toxic chemicals.
<br />The tailings resulting from the milling and extraction of metals potentially expose or disturb
<br />acid- or toxic - forming materials.
<br />3. Conditions at the operation will include exposure of mineralized materials at the surface,
<br />including ore, tailings, and waste rock potentially exposing acid - and /or toxic- forming materials.
<br />Waste rock and sub - economic mineralized materials potentially containing the acid- or toxic -
<br />forming materials will be disposed of in waste rock areas exposed to precipitation and near
<br />surface water ways potentially threatening the prevailing hydrological balance.
<br />Office of Office of
<br />Mined Land Reclamation Denver • Grand Junrtinn - Di rannn Artivp anrd tnartiva Minpc
<br />COLORADO
<br />D I V I$ ION O F
<br />RECLAMATION
<br />MINING
<br />SAFETY
<br />John W. Hickenlooper
<br />Governor
<br />Mike King
<br />Executive Director
<br />Rancho Santa Fe, CA 92067 Loretta Pirieda
<br />Director
<br />Re: Sooner Lucky Strike Mine, Permit M- 1982 -020, Notice of Pending Designation as a Designated
<br />Mining Operation
<br />Dear Mr. Vinci,
<br />The Division has determined that the Sooner Lucky Strike Mine, Permit Number M- 1982 -020, is a
<br />Designated Mining Operation ( "DMO ") as defined in the Colorado Mined Land Reclamation Act (CRS §§
<br />34 -32 -101, et seq.) ( "Act") and the Rules and Regulations of Hard Rock, Metal, and Designated Mining
<br />Operations ( "Rules "). The statutory and regulatory definition of DMOs include mining operations at
<br />which toxic or acidic chemicals are used in the extractive metallurgical processing on the site or mining
<br />operations at which acid- or toxic - forming materials will be exposed or disturbed as a result of mining
<br />operations. C.R.S. § 34- 33- 103(3.5)(1) -(II); Rule 1.1(14)(a) -(b). The Rules require the Division to provide
<br />notice to the operator if the Division determines a mining operation is, or has the reasonable potential
<br />to be, a DMO based upon the criteria established in the definition of DMO. (Rules 7.2.1(1), 7.2.2(1))
<br />This letter serves as notice to the operator that the Division has determined the Sooner Lucky Strike
<br />Mine is a DMO ( "Notice ").
<br />The Division's notice to an operator regarding its DMO determination must include factual statements
<br />supporting the determination. See Rule 7.2.2. The Division's determination for the Sooner Lucky Strike
<br />Mine resulted from its review of the permit application and file and the present and foreseen
<br />operational conditions of the Sooner Lucky Strike Mine, including site geology and geochemistry, ore
<br />materials to be extracted, and the chemicals and reagents that will be necessary to use for milling and
<br />processing ore materials. The Division relied upon the following facts to support its determination that
<br />the Sooner Lucky Strike Mine is, or has the reasonable potential to be, a DMO:
<br />Activities at the Sooner Lucky Strike Mine currently consist of mill and mine improvements and
<br />other infrastructure to begin extractive metallurgic processing from the attached mine. Mined
<br />ore will be processed at the milling facility on site, which will utilize acid or other potentially
<br />toxic chemicals.
<br />The tailings resulting from the milling and extraction of metals potentially expose or disturb
<br />acid- or toxic - forming materials.
<br />3. Conditions at the operation will include exposure of mineralized materials at the surface,
<br />including ore, tailings, and waste rock potentially exposing acid - and /or toxic- forming materials.
<br />Waste rock and sub - economic mineralized materials potentially containing the acid- or toxic -
<br />forming materials will be disposed of in waste rock areas exposed to precipitation and near
<br />surface water ways potentially threatening the prevailing hydrological balance.
<br />Office of Office of
<br />Mined Land Reclamation Denver • Grand Junrtinn - Di rannn Artivp anrd tnartiva Minpc
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