2018-02-22_GENERAL DOCUMENTS - M1999042

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letter dated May 12, 2005. As a result of the forfeiture, the White Banks Mining claims were open for relocation by another party. See United States v. Locke, 471 U. S. 84, (1985) (holding that full and timely compliance with the statute and regulations is required for preservation of a mining claim and that failure to comply works forfeiture). The Skinners Acts of Location/Relocation on the White Banks Claims The requirements to locate a mine are set forth in C.R.S. § 34-43-106 which provides that you must: (a) Sink a discovery shaft upon the lode to a depth of at least ten feet from the lowest part of the rim of such shaft at the surface, or deeper if necessary, to show a well-defined crevice; (b) Post at the point of discovery on the surface a plain sign or notice, containing the name of the lode, the name of the locator, and the date of discovery; and (c) Mark the surface boundaries of the claim. (2) The locator of any mining claim, in lieu of sinking a discovery shaft as required in paragraph (a) of subsection (1) of this section, may at his option, within the period allowed for the recording of the location certificate as provided in section 34-43-103, file in the office of the county clerk and recorder of the county in which said claim is located, a map which shall be attached to said location certificate. In short, in order to perfect a mining claim under Colorado law, you have to post a discovery notice, stake the corners and either sink a discovery shaft or file a map with the county clerk and recorder. On June 1, 2005, after learning that the White Banks Claims had been forfeited, Mr. Skinner drove to the White Banks Claims from his home in Idaho and placed location monuments on each of the ten claims. Mr. Skinner also attached a location notice on each of the stakes. On June 28, 2005, Ms. Skinner filed the location 15