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6. On August 31, 2023, the Division sent Applicant a notice of NOI <br /> Application deficiencies, with Applicant responding on October 2, 2023, and <br /> providing a supplemental response to the Division on October 26, 2023. <br /> 7. On November 3, 2023, the Division received from Applicant additional <br /> supplemental information. <br /> 8. On November 14, 2023, the Division notified Applicant that it was <br /> accepting the NOI application. The Division also provided notice of its acceptance to <br /> the Objector. <br /> 9. On November 21, 2023, the Division received an appeal of the <br /> Division's decision to accept the NOI application from Objector. Objector argued <br /> that the NOI described a plan for "development" rather than "prospecting" activities <br /> because previous drilling operations to locate uranium deposits in the area had been <br /> completed by other prospectors. The appeal letter pointed to a December 2015 <br /> Board Order for an NOI submitted by Black Range Minerals Colorado, LLC (File <br /> No. P-2009-025) (the "Black Range 2015 Order") that reversed the Division's <br /> acceptance of a third NOI modification because the activities in that modification <br /> constituted mining activities rather than prospecting. Objector argued that the <br /> Black Range 2015 Order's reasoning should have led to denial of the Application <br /> because past activities in the area already established that uranium exists in <br /> commercial quantities. <br /> 10. Prior to the Board's January 17, 2024, meeting, the parties and the <br /> Division exchanged witness and exhibit lists.' <br /> 11. At the Board's January 17, 2024, meeting, the Division presented <br /> testimony regarding the Application. The NOI proposed drilling 25 5-inch holes for <br /> core sampling using a closed-loop system with no waste and no discharge left at the <br /> site. The Application stated that all surface disturbances would be reclaimed with <br /> approximately .5 miles of new trials and .75 miles of upgraded trails. Under the <br /> proposed NOI, there would be minimal grading disturbances. Bore holes would be <br /> mostly filled with concrete and then sealed with sodium bentonite gels and a <br /> concrete cap and tag, all in accordance with Rule 5.4.2. Applicant would submit a <br /> report of the plugging and sealing of all holes to the Division within 12 months. <br /> 12. Regarding the risk for hydrological disturbances, the Division <br /> presented testimony that the Application stated that each hole would be open for at <br /> most 6 days and only 2 days in the mineralized zone of each bore hole before being <br /> ' Applicant filed a "motion to strike" certain witnesses and exhibits identified by <br /> Objector. At the hearing, the Board denied the motion with the provisions that any <br /> testimony or exhibits offered be relevant and address issues under the Board's <br /> jurisdiction and that Applicant reserved its right to object during the presentations.. <br /> Tallahassee Resources, LLC <br /> P-2023-015 2 <br />