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for renewal or amendment of a reclamation permit shall be reviewed by the board or the <br />office in the same manner as applications for new reclamation permits. <br />(9) Information provided the board or the office in an application for a reclamation <br />permit relating to the location, size, or nature of the deposit or information required by <br />subsection (5) of this section and marked confidential by the operator shall be protected as <br />confidential information by the board and the office and not be a matter of public record in <br />the absence of a written release from the operator or until such mining operation has been <br />terminated. A person who willfully and knowingly violates the provisions of this subsection <br />(9) or section 34-32-113 (3) commits a class 2 misdemeanor and shall be punished as <br />provided in section 18-1.3-501, C.R.S. <br />(10) (a) Upon the filing of an application for a reclamation permit with the board or <br />the office, the applicant shall place a copy of such application for public inspection at the <br />office of the board and at the office of the county clerk and recorder of the county in which <br />--the=a-ffected-land-is-located: T-he-copy-of-the-appli-cation placed at'the office of the county <br />clerk and recorder shall not be recorded but shall be retained there until said application has <br />been heard by the board or the office and be available for inspection during such period, and, <br />at the end of such period, such copy may be reclaimed or destroyed by the applicant. The <br />information exempted by subsection (9) of this section shall be deleted from such file copies. <br />(b) The applicant shall cause notice of the filing of such applicant's application to be <br />published in a newspaper of general circulation in the locality of the proposed mining <br />operation once a week for four consecutive weeks, commencing not more than ten days after <br />the filing of said application with the board or the office. Such notice shall contain <br />information regarding the identity of the applicant, the location of the proposed mining <br />operation if such information does not violate the provisions of subsection (9) of this section, <br />the proposed dates of commencement and completion of the operation, the proposed future <br />use of the affected land, the location where additional information about the operation may <br />be obtained, and the location and final date for filing objections with the board or the office. <br />(c) In addition, the applicant shall mail a copy of such notice immediately after first <br />publication to all owners of record of the surface rights of the affected land, to the owners <br />of record of immediately adjacent lands, and to any other persons who are. owners of record <br />that may be designated by the board that might be affected by the proposed mining operation. <br />Proof of such notice and mailing, such as certified mail with return receipt requested where <br />possible, shall be provided to the board or the office and become part of the application. <br />34-32-112.5. Designated mining operation. (1) This section shall apply only to <br />designated mining operations as defined in section 34-32-103 (3.5). All nondesignated <br />mining operations are exempt from this section. The board may propose that the general <br />assembly enact specific requirements for exempted operations as set forth in subsection (2) <br />of this section. <br />(2) If an operator demonstrates to the board at the time of applying for a permit or at <br />a subsequent hearing that toxic or acidic chemicals are not stored or used on-site and that <br />acid- or toxic-producing materials will not be used, stored, or disturbed in quantities <br />-13- <br />December 4, 2007