2023-06-20_GENERAL DOCUMENTS - P2021001 ‎(5)‎

• Permit No: P2021001
• IBM Index Class Name: General Documents
• Doc Date: 6/20/2023
• Doc Name: Correspondence
• From: Gold Rush Expeditions
• To: DRMS
• Email Name: ECS
• Email Name: MAC
• Media Type: D
• Archive: No

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roo, FORTIES FORTUNA ADIUVAT
Mr. Lucas West
Colorado Division of Reclamation, Mining and Safety JUN 2 0 2023
Div. Natural Resources �-f
DRMS Room 215 1 Cokwado Division of Reclamation,
1001 E 62nd Ave i �W Mining and Saftey
Denver, CO 80216
RE: Midwest Plan of Operations— I D#020904-2810-POO-2021-01
Mr. West,
In response to your correspondence dated May 10, 2023.
It is our position that the Colorado Division of Reclamation Mining and Safety (DRMS) has
violated several laws in respect to your requirements and Colorado regulations. Specifically:
1, Requirement to treat a prospecting operation as a designated mining operation. Per
DRMS 2 OCR 407.1.1 Item 57., our activities are explicitly prospecting. By definition of
our operation, we are NOT a Mining operation nor are we required to follow Mining
Operation requirements.
2. In the same OCR407.1, Specifically subitem B states"Toxic or acid forming materials
will be exposed or disturbed as a result of mining operations". Your OCR407 section 43
defines Prospecting and Prospecting Notice. Additionally, overruling DRMS, mining
operations is defined in CRS2021-Title 34-32-103-Item 8: "'Mining operation" means the
development or extraction of a mineral from its natural occurrences on affected land.
The term "raining operation" includes, but is not limited to, open mining, in situ mining,
in situ leach mining, surface operations, and the disposal of refuse from underground
mining, in situ mining, and in situ leach mining."
3. Development is defined in the same section, item 4:"Development" means the work
performed in relation to a deposit, following the prospecting required to prove minerals
are in existence in commercial quantities but prior to production activities, aimed at, but
not limited to, preparing the site for mining, defining further the ore deposit by drilling
or other means, conducting pilot plant operations, constructing roads or ancillary
facilities, and other related activities."
4. Following the same document (CRS2021-Title 34-32-103) Item 12 definition of
Prospecting is as follows: "Prospecting" means the act of searching for or investigating a
mineral deposit. "Prospecting" includes, but is not limited to, sinking shafts, tunneling,
drilling core and bore holes and digging pits or cuts and other works for the purpose of
extracting samples prior to commencement of development or extraction operations,
and the building of roads, access ways, and other facilities related to such work.
Gold Rush Expeditions,Inc.+
385-ZM2138'8ohlrush0goIdrusheximAll-ns.com -PO BOX 409,Huntsville,Utah 8430