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EST . . : <br /> Gn <br /> ULU <br /> RUSHI' - <br /> A, <br /> EXPEDITIONS <br /> FORTES1 '04 • <br /> Mr. Lucas West RECEIVED <br /> Colorado Division of Reclamation, Mining and Safety JUN 212023 <br /> Div. Natural Resources <br /> DBMS Room 215 <br /> 1001E 62nd Ave Colorado Division of Reclamation, <br /> Denver, CO 80216 Mining and Saftey <br /> RE: Midwest Plan of Operations—ID#020904-2810-POO-2021-01 <br /> Mr. West, <br /> In response to your correspondence dated May 10, 2023. <br /> It is our,position that the Colorado Division of Reclamation Mining and Safety (DRMS) has <br /> violate4el veral laws in respect to your requirements and Colorado regulations. Specifically: <br /> 1. Requirement to treat a prospecting operation as a designated mining operation. Per <br /> DRMS 2 CCR 407.1.1 Item 57., our activities are explicitly prospecting. By definition of <br /> our operation, we are NOT a Mining operation nor are we required to follow Mining <br /> Operation requirements. <br /> 2. In the same CCR407.1, Specifically subitem B states"Toxic or acid forming materials <br /> will be exposed or disturbed as a result of mining operations". Your CCR407 section 43 <br /> defines Prospecting and Prospecting Notice. Additionally, overruling DRMS, mining <br /> operations is defined in CRS2021-Title 34-32-103-Item 8: ""Mining operation" means the <br /> development or extraction of a mineral from its natural occurrences on affected land. <br /> The term "mining operation" includes, but is not limited to, open mining, in situ mining, <br /> in situ leach mining, surface operations, and the disposal of refuse from underground <br /> mining, in situ mining, and in situ leach mining." <br /> 3. Development is defined in the same section, item 4:"Development" means the work <br /> performed in relation to a deposit, following the prospecting required to prove minerals <br /> are in existence in commercial quantities but prior to production activities, aimed at, but <br /> not limited to, preparing the site for mining, defining further the ore deposit by drilling <br /> or other means, conducting pilot plant operations, constructing roads or ancillary <br /> facilities, and other related activities." <br /> 4. Following the same document (CRS2021-Title 34-32-103) Item 12 definition of <br /> Prospecting is as follows: "Prospecting" means the act of searching for or investigating a <br /> mineral deposit. "Prospecting" includes, but is not limited to, sinking shafts, tunneling, <br /> drilling core and bore holes and digging pits or cuts and other works for the purpose of <br /> extracting samples prior to commencement of development or extraction operations, <br /> and the building of roads, access ways, and other facilities related to such work. <br /> Gold Rush Expeditions,Inc.' <br /> 385-218-2138 1 goldrush@goldrushexpedl"ns.com -PO BOX 409,HuntsviDe,Utah84317 <br />