REVISION - 9/4/2009, 7:35:25 AM-JWD

• Permit No: P2008043
• IBM Index Class Name: REVISION
• Doc Date: 9/2/2009
• Doc Name: Modification Request- Form 2
• From: Powertech ‎(USA)‎ Inc.
• To: DRMS
• Type & Sequence: MD3
• Email Name: ACS
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
Form 2
Public information only
For public filing
COLORADO
DIVI S SION O F
F
A, RECLAMATION
MINING
&L-
SAFETY
NOTICE OF INTENT TO CONDUCT PROSPECTING OPERATIONS
FOR HARD ROCKlAfETAL MINES
GENERAL:
Bill Ritter, Jr.
Govemor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
To conduct prospecting activities in the State of Colorado, a person or organization must file a Notice of Intent to conduct
Prospecting Operations (NOI or Prospecting Notice) and provide a financial warranty for the prospecting operations to the
Mined Land Reclamation Board (MLRB or Board). All prospecting operations must comply with the Colorado Mined Land
Reclamation Act, as amended (34-32-101 et seq. C.R.S.), and the Colorado Mined Land Reclamation Board Hard
Rock/Metal Mines Rules and Regulations 2 CCR 407-1 and amendments to those rules ("Rules"). This NOI form is for all
minerals except coal and construction materials. The Division shall determine (where there is a question) if an operation is
prospecting or mining.
The New Law:
Senate Bill (SB) 228 became law on June 2, 2008.
$B 228 revised portions of C.R.S. 34-32-113 pertaining to confidentiality and filing requirements of
Prospecting Notices.
Certain aspects of Prospecting Notices will no longer be confidential.
As revised, C.R.S. 34-32-113 (3) now requires, in part, that "All information provided to the Board in a
notice of intent to conduct prospecting or a modification of such a notice is a matter of public record subject
to the Open Records Act, Part 2 of Article 72 of Title 24, C.R.S., including, in the case of a modification, the
original notice of intent; except that information relating to the mineral deposit location, size, or nature and,
as determined by the Board, other information designated by the operator as proprietary or trade secrets or
that would cause substantial harm to the competitive position of the operator shall be protected as
confidential information by the Board and shall not be a matter of public record in the absence of a written
release from the operator or until a finding by the Board that reclamation is satisfactory. Such information
designated as exempt shall remain confidential until a final determination by the Board". If the Board
determines that information is not confidential, the Division shall treat it as public information thirty (30)
days from the Board's written order.
C.R.S. 34-32-113 (9) now requires that the applicant provide the NOI in an electronic version in addition to
the paper form and that DRMS post on the Division's website the NOI upon submittal. Specifically, this
subsection states: "Upon the submittal of a notice of intent to conduct prospecting or a modification of such a
notice, the person submitting such notice or modification shall give an electronic version of the notice or
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Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines