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iv (Form 2- Public) <br />Disputes relating to designation of confidentiality may be resolved by the Prospector removing the <br />confidentiality designation 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 following Division notification of the Division's disagreement as to any <br />confidentiality designation. The request for determination will follow the procedures of Rule 1.4.11, and any <br />Board hearing will be held in Executive Session since issues of confidentiality will be at issue. The DRMS <br />will not issue an approval decision and the applicant is not authorized to cornmence prospecting operations <br />until all deficiencies, including confidentiality issues, are resolved. <br />PROSPECTING ON FEDERAL LAND: <br />The Division has entered into cooperative agreements with the U.S. Bureau of Land Management (BLM) or the L.S. Forest <br />Service (USFS) to coordinate the review of NON 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 USFS. Upon receipt of the NOI, the <br />Division will notify the appropriate BLM or USFS 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 NOl was sent to the BLM or US:FS. <br />FINANCIAL WARRANTY: <br />A financial warranty must be provided and approved prior to the entry upon lands 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 detennined by the Division, based on the projected costs of reclamation, taking into account the nature, 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. (You 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 financial 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 the <br />Division's Internet web page located at mining. state. co. us. <br />PLAN MODIFICATIONS: <br />Modifications to an existing NOf 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 NOls, use the same NOI form, and include <br />confidentiality designations. Prospectors must fill out sections of the NOl form that will change and indicate the sections <br />that will not change. Prospectors must desig gate each portion of the modified NOI ihcti bthWlre; are to ren)ain con.fTdential. <br />1'lcast: tote that trader SB 218, all information, provided to the Bow in, an NO], or a modi0catiort of an NO1 is a <br />n1 3.tti:'.r of f ` public record i.nE,l edit?.g, in the. case of a tnt?cfif;cati??tt, the original notice: o" it?tc::tit, unless that <br />information relates to the mineral deposit location, size. or nature or is designated by the Prospector as <br />proprietary or trade secrets or that would cause substantial harm to the competitive position of the <br />Prospector. Accordingly, the Prospector should also designate the information in the original NOl that it <br />believes is confidential if it has not already done so. <br />The Board shall determine (where there is a question) if an NOI can be modified or requires the filing of a new NOI in <br />accordance with Rtile 1.4.11, ff thy; Division destennines that the proposed inodif cat:.on (or new NOl) requires 'he -,.)ov2ti11Q of <br />.;) i'2C1Ctrt 0Ii21,tG13ri1%tt;i)J2 fit;t?Cf iJ:iii3t#r.11 to tC?tcr;ntrtasr-,d costs Elf CCIamat#on Caused ky th InC)ii.lc.ation (olr'. 01), iht: <br />N01 lioider .n:t.st sobrnit and uh- 1.), _: infl n"tust approve tilt; till plelr nfal or addditional bond to cover such rlic iC t 't ;; <br />reckirna'ion co 6i, `L'1 :1re the ''`a`01 tioldo r,iav 11nder ak:e it3 addino;-i l or Lei#t(,ren' at;.i'. itif:S diescrib xlf ,`.i it"e nnodr„t a«oii