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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 />determ.in.ation within the 30 days following Division notification of the Division's disagreement as to any <br />confidentiality designation. The request for determination wilt 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 commence 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 U.S. Forest <br />Service (USES) to coordinate the review of NOts 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 NOls. The <br />prospector is required to document that the NO] has been sent to the .BLM or the USFS. Upon receipt of the NOI, the <br />Division will notify the appropriate BL..M 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 NOI was sent to the BLM or USES. <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 determined 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 :tiled 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 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 NOIs, use the same NOI form, and include <br />confidentiality designations. Prospectors must fill out sections of the N01 form that will change and indicate the sections <br />that will not change. Prospectors :rust designate each portion of the modified NOf they believe are to remain confidential. <br />Please note that under SB 228, all information provided to the Board in an NOI or a modification of an NO:I is a <br />matter or public record including, in the case of a modification, the original notice of intent, 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 on final NOI that it <br />believes is confidential if it has not already done so. <br />The Board shall detern7i.ne (where there is a question) if an 'COI can be modified or requires the filing of a new NOI in <br />accordance with Rule 1.x.1 l., f.f the Division determines that the proposed modifica.fi.on (or new NOl.) requir=es the posting of <br />an additional reclamation bond amount to cover increased costs of reclamation caused by the modification for new NOI), the <br />N01 holder. must submit and the Division must approve the supplemental or additional bond to cover such increased <br />reclamation costs before the NOI holder may undertake any additional or different activities described in. the modification