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iv (Form 2- Public) <br />Disputes relating to designation of confidentiality may be resoh<ed by the Prospector removing the <br />confidantialitytiesignation by the Prospector or by Board determination. If the Prospector chooses to request <br />a Board determination regarding confidentiality, then the Prospector must request a Board hearing and <br />determination within the 30 days :followin.g Division notification of the Division's disagreement as to an.y <br />confidentialitytiesignation. The request .for determination will follow the procedures of Rule 1.4. I I ,and any <br />Board hearing will beheld in Executive Session since issues of confdentiality will be at issue. The DRIVIS <br />will not issue an approval decision and the applicant is not authorized to commence prospecting operations <br />ttntil all deficiencies, including confidentiality issues, are resolved. <br />PROS.P:ECTING UN FEDERAL LAND: <br />The Division has entered into cooperative agreements with the U.5. Bureau of Land Management (BLM) or the U.S. Forest <br />Service (USES) to coordinate the review of NOis and the posting of financial warranties. The primary goal is to ensure that <br />the agencies minimize duplication of functions and thereby minimize regulatory duplication imposed upon prospecting <br />operations. The .Division assumes the primary responsibility for the administration, review, and permitting of NOIs. "The <br />prospector is required to document that the NOI has been sent to the BLM or the USES. Upon receipt of the NOI, the <br />Division will notify the appropriate BLM or USES office and forward a copy of the NOI. Processing of the NOI will not <br />begin until the prospector has submitted evidence acceptable to the Division that the IvT01 was sent to the BLM or USES. <br />FINANCIAL WARRANTY: <br />A financial warranty must be provided and approved prior to the entry upon lairds for the purpose of prospecting. The <br />prospector can either file a "One Site Prospecting Financial Warranty" or a "Statewide Prospecting Financial Warranty." <br />The One Site Prospecting Financial Warranty is usually filed by individuals or small companies where prospecting activities <br />are limited to a single area. It must be filed in the amount of $2,000 per acre for the land to be disturbed, or such other <br />amount as determined by the Division, based on the projected costs of reclamation, taking into account the nahtre, extent, <br />and duration of the prospecting operation and the magnitude, type and estimated cost of the planned reclamation. A <br />Statewide Financial Warranty is usually filed by larger companies with multiple prospecting sites. It must be filed in an <br />amount equal to the estimated cost of reclamation per acre of affected land for all anticipated sites statewide. (Yoti may <br />increase the Statewide bond at any time in order to cover additional or expanded prospecting activities.} The financial <br />warranty must be submitted and approved by the Division prior to entry upon lands for the purpose of prospecting. <br />'The tfinanciai warranty will be retained by the Board until the prospector has completed reclamation of the prospecting site <br />and has been released, in writing, of reclamation responsibility. Financial warranty forms can be downloaded from th.e <br />Division's Internet web page located at mining.state.co.us. <br />PLAN MODIFICATIONS: <br />Modifications to an existing NOI must be submitted in writing and approved in advance- of such activity. Modifications <br />shall be reviewed by the Board or Office in the same manner as new NC)ts, use the same NOI Conn, and include <br />coitfidentiali.ty desigiiatians. Prospectors ni.ust fill out sections of the N()i. form that will change and indicate the sections <br />that wiII nett change. Prospectors must desi~.zate each portion of the madi.t3ed NOI. they believe are to reriiain cort.fidential. <br />Please Hate that under SB 22t3, all information provided to the Board in a:n NOI ar. a modification of an NOT is a <br />matter of public record including, in the case of a rnodificati.ott, the original notice af' Intent, unless that <br />information relates to the mineral deposit location, size, or nature or is tlesi.gElated by th.e Prospector as <br />proprietary or trade secrets ar that would. cause subst~~ttttial harm. to the competitive position of the <br />Prospector. Accordingly, the Prospector should also designate the infonnation in the on final NO1 that it <br />believes is confidential if it has not already done so. <br />`I`he Board shall determine (where there is a question) if an NOI can he modified ar requires the filing of a new NOI in <br />accordance with Rule l.~#.11.. If the E)ivisit=n determines that the l~rapcised rriaciifica.t:i.c~rt (or ne~v ;`~lOl) requit~.:s the postiisg oI' <br />an additional reclamation band arn.t.>ttn.t to cover increased costs of -~ecla.ri~atioii caused by the ri~cxlificatiari (or n.e:w AKOI), the <br />?v'(7I halc~er must stibmit ai~ci th.e L)i~:•isicm must approve the suppteinetrtal or. adtlit.ianal band to cover such increased <br />reclairiation costs before the NC)1 holder stay undertake any additional or difttnnt activities dcscribeti ire the modification <br />