Blm Response To Lakeside Claimants

United States Department of the Interior BUREAU OF LAND MANAGEMENT Salt Lake Field Office 2370 South 2300 West Salt Lake City, Utah 84119 ph: (801) 977-4300; Fax: (801) 977-4397 www.ut.blm.gov/saltlake fo

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IN REPLY REFER TO:

3809,3720 (UTWOll)

JUL

2 l009

Certified Mail Number -7008323000027182 1619 Return Receipt Requested Mr. Donald Weihrauch 851 Twin Oaks Dr. Dayton Ohio 45431

This is in response to your undated letter received in this office on June 12,2009. Attached to your letter is a June 10,2009, letter by Russell D. Hartill, who apparently is serving as your legal counsel in this matter. Your letter responds to a May 29, 2009, letter from the Bureau of Land Management (BLM) informing you that the Utah Division of Oil, Gas, and Mining, Abandoned Mine Reclamation Program (UDOGM, AMRP) is scheduled to reclaim existing physical safety hazards within the boundaries of the Silver Queen lode and Silver Queen placer claims (T. 2 N., R. 9 W., W1I2 of Section 11, SLB&M), for which you are the claimant of record. Specifically, the UDOGM, AMRP, is scheduled to close by backfilling an inclined opening on the Silver Queen lode claim. In your letter, you object to the closure and state that you have posted signs apparently to prevent people from entering the inclined opening. In Mr. Hartill's letter, he states that a "valid mineral discovery" is visible and accessible through the opening and that backfilling it will harm your ability to prove validity and to sell or mine the claim. Mr. Hartill also states that you "will . maintain all existing structures, equipment, and other facilities in a safe and orderly manner" and , will place warning signs to alert the public to hazardous conditions on the claim.

We are willing to accept these·statements at face value as an indication that the inclined opening is an essential part of your mining operations and that you accept full responsibility for insuring public safety in relation to the inclined opening. As you are aware, BLM and the State of Utah have identified the opening on your claim as an unacceptable risk to public safety, and the scheduled closing was intended to ameliorate this risk. Because you accept full responsibility for the inclined opening, BLM is willing to forego the scheduled closure. We emphasize that, as a mining claimant and operator on public land, you are required by federal law to protect "the public from surface uses, workings, or improvements which, if left unattended, create a hazard to the public safety." 43 C.F.R. § 3715.2-1(d). Therefore, you must take appropriate measures to ensure that the mining features and facilities on your claim are adequately secured (e.g., fenced, gated or blocked). In addition, the BLM will need the assurance that if you abandon the claim in the future, you will conduct the appropriate reclamation to permanently close the opening and any others that may become a part of your operations on your claim.

Weare aware that you have placed no trespassing signs near and at the entrance of the inclined opening and we acknowledge Mr. Hartill's commitment that you will maintain all existing structures, equipment and other facilities in a safe an orderly manner. However, please be advised that this office takes no position regarding whether or not these measures are sufficient to protect the public. If these measures are not sufficient and the opening on your claim causes the injury or death of a member of the public, any liability is solely your responsibility. Also, please be aware that, for any use and occupancy of your claim, you must comply with all provisions of 43 C.F.R. Subpart 3715. This requires, among other things, that you provide BLM with a map showing all proposed enclosures, fences, gates, and signs intended to exclude the general public, and that BLM concur in the proposed facilities before they are installed. See 43 C.F.R. 3715.3-2,3715.3-6.

In this regard, you have not complied with 43 C.F.R. Subpart 3715 in posting the no trespassing -signs on your claim: Given the safety-eoncernsdiscussed above, we'Me-not requiring-that-you----- remove the signs at this time. However, the signs you have posted exceed your authority as a mining claimant under 43 C.F.R. Subpart 3715 and must be modified or replaced. The signs state, "Posted, private property, hunting, fishing, trapping, or trespassing for any purpose is strictly forbidden, violators will be prosecuted." Although your mining claim is an interest in property, it does not make the subject public lands private property, and you have no authority to prevent hunting, fishing, or trapping, or trespassing except to the extent necessary to protect public safety. Please submit to this office as soon as possible your proposal for modifying or replacing the signs consistent with 43 C.F.R. Subpart 3715 and the foregoing. You will be sent another letter setting forth additional information we will need regarding your apparent activities on your claim to insure that you are in compliance with applicable law and regulations. If you have any questions or concerns with anything mentioned in this letter or this matter in general, please contact Larry Garahana, Salt Lake Field Office Geologist at (801) 9774371. Sincerely,

Michael G. Nelson Assistant Field Manager Non-Renewable Resources

cc:

Connie Jo Garcia, Utah Division of Oil, Gas and Mining, Abandoned Mine Reclamation Program, 1594 West North Temple, Suite 1210, Box 145801, SLC, UT 84114-5801 Russell D. Hartill, 140 W 9000 S Suite 1, Sandy, UT 84070 UT-923- Snyder

United States Department of the Interior BUREAU OF LAND MANAGEMENT Salt Lake Field Office 2370 South 2300 West Salt Lake City, Utah 84119 ph: (801) 977-4300; Fax: (801) 977-4397 www.ut.blm.gov/saltlake fo

IN REPLY REFER TO:

3809, 3720 (UTW011)

JUL

22009

Certified Mail Number-7008 3230000271821626 Return Receipt Requested

Mr. Cory Shuman Gold Rush Expedition, Inc: 14056 South Pepi Band Road .Draper, Utah 84020 Dear Mr. Shuman: This is in response to your letter dated and received in this office on June 8, 2009, included with your letter was a June 10,2009, letter by your attorney, Russel D. Hartill, and a «Notice of Operations." Your letter responds to a June 2, 2009, letter from the Bureau of Land Management (BLM) informing you that the Utah Division of Oil, Gas and Mining, Abandoned Mine Reclamation Program (UDOGM, AMRP) is scheduled to rec;laim existing physical safety hazards within the boundaries of the Monarch placer and lode mining claims (T. 2 N., R. 9 W., NW1I4 of Section 11, SLB&M), of which you are claimant of record.

Mr. Hartill's letter, which you reference as your "official response," objects to the proposed reclamation and asserts that "a valid mineral discovery was visible and accessible through the openings" that are pr_oposed to be reclaimed. He states that backfilling "the discovery points will jeopardize" your ability to prove a "valid mineral discovery" and harm your "ability to sell or mine the claim." He also asserts that you "will maintain all existing structures, equipment and other facilities in a safe and orderly manner" and that "[s]ignage has and will be placed to adequately identify and alert the public to any hazardous conditions on the claim ...." In your Notice of Operations, you state that the "site will be signed to deter vandals" and that "the entrance to the adit will be secured so that the average person will know that it is a private site and will not inadvertenty wander into the workings." We are willing to accept your and your attorney's representations that the existing openings on your claims are essential to your mining operations and that you accept full responsibility for insuring public safety as it relates to the openings. According to our records, the openings on your claims consist of one horizontal adit and two vertical shafts. There is a third vertical shaft just outside your claim boundary to the east; if you intend to claim this feature, you will need to amend your location notice appropriately. We note that your Notice of Operations refers to a map apparentiy showing features of your mining operations, but we did not receive the map in your letter.

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As you are aware, BLM and the State of Utah have identified all these openings as posing an unacceptable risk to public safety, and the scheduled closing was intended to ameliorate this risk. Because your letter and the attached letter from your attorney establish that the openings are an integral part of your mining operations on your claims and that you accept responsibility for insuring public safety, BLM is willing to forego the scheduled closure of the three openings on your claims. With respect to the fourth opening described above, BLM will temporarily postpone closure of that

opening for no less than 30 days to give you an opportunity to amend your location notice to include the opening. We emphasize that, as a mining claimant and operator on public land, you are required by federal law to protect "the public from surface uses, workings, or improvements which, if left unattended, create a hazard to the public safety." 43 C.P.R. § 3715.2-1(d). Therefore, you must take appropriate measures to ensure that all mining features and facilities on your claims are adequately secured (e.g., fenced, gated or blocked). In addition, the BLM will need the assurance that if you abandon the claims in the future, you will conduct the appropriate reclamation to permanently close the openings and any others that may become a part of your operations on your claim. We acknowledge that your attorney's letter and the Notice of Operations identify certain actions that you plan to take to insure public safety. A field inspection of your claims on June 18,2009, indicates that you have not taken any of those actions and that the openings remain unsecured. Please take the -- -necessary---actiorls as soon-as possible. .. This--should· not--be-construed-as--thisoffice~- position regarding whether or not the measures you have identified are sufficient to protect the pUblic. If the measures are not adequate and the openings on your claims cause the injury or death of a member of the public, any liability is solely your responsibility. Also, please be aware that, for any use and occupancy of your claims, you must comply with all provisions of 43 C.P.R. Subpart 3715. This requires, among other things, that you provide BLM with a map showing all proposed enclosures, fences, gates, and signs intended to exclude the general public, and that BLM concur in the proposed facilities before they are installed. See 43 C.F.R. 3715.3-2,3715.3-6. You will be sent an additional letter under separate cover informing you of further information we need to consider and accept your Notice of Exploration. If you have any questions or concerns with anything mentioned in this letter or dealing with this matter please contact Larry Garahana, Salt Lake Field Office Geologist at (801) 977-4371. Sincerely,

Michael G. Nelson Assistant Field Manager Non-Renewable Resources

cc:

Richard Mulvey, 522 West Clover View Drive, Murray, UT 84123 Connie J 0 Garcia, Utah Division of Oil, Gas and Mining, Abandoned Mine Reclamation Program, 1594 West North Temple, Suite 1210, Box 145801, SLC, UT 84114-5801 Russell D. Hartill, 140 W 9000 S Suite 1, Sandy, UT 84070 UT-923 -Snyder