2019-11-21_PERMIT FILE - P2019014 (2)

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C.R.S. 34-32-113 (9) now requires that the applicant provide the NOI in an electronic version in addition to the paper form and that DRMS post on the Division's website the NOI upon submittal. Specifically,this subsection states:"Upon the submittal of a notice of intent to conduct prospecting or a modification of such a notice, the person submitting such notice or modification shall give an electronic version of the notice or modification, except for that information exempted from public disclosure under subsection (3) of this section and that information designated by the person as exempt from disclosure under subsection (3) of this section,to the Board in a format determined by the Board. The Division shall post such version of the notice or modification on its web site". The new requirements apply to NOis or modifications thereto submitted or approved on or after June 2, 2008. The Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal and Designated Mining Operations were also revised as a result of the changes to the Act and became effective September 30, 2010. A summary of new requirements of the rules are as follows and apply to NOI's or modifications thereto submitted or approved on or after September 30, 2010. • Rule 1.3 addresses the designation of confidential materials submitted to the Division in an NOI and the public review and appeal processes associated with the confidential designation process. • Rule 3.1.6(4) authorizes the Division to require the submission of baseline site characterization data for surface and ground water on a case by case basis. • Rule 3.1.6(5) authorizes the Division to implement environmental protection measures associated with drill pits on a case-by-case basis. • Rule 5.1.2 identifies application requirements for N0I's including new requirements to submit two (2)forms (one confidential and on non-confidential)and an electronic version of any application. In addition,Rule 5.1.2(m)(i)and(ii)identifies a new requirement for prospectors to notify the Local Boards of County Commissioners at the time of application submittal for an N0I and to provide certification that such notice was submitted. • Rule 5.1.3 identifies office review procedures for processing N0I's including confidential dispute timelines. • Rule 5.2 describes confidentiality as it pertains to NOI filings pre and post June 2,2008. DEFINITION: "Prospecting" is defined in Rule 1.1(43) of the Hard Rock/Metal Mining Rules and Regulations as 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 the commencement of development or extraction operations, and the building of roads, access ways, and other facilities related to such work. The term does not include those activities which cause very little or no disturbance,such as airborne surveys and photographs, use of instruments or devices which are hand-carried or ii