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-P-2011-004 <br />22 March 2011 <br />Pg. 2 <br />5.1.3(a), the Division cannot approve the NOI application until notification is received from <br />the USFS that they have received the notice of proposed activities. Please provide evidence <br />that the notice of proposed activities was delivered to the South Park Ranger District of the <br />USFS in Fairplay, CO, or alternatively, have the USFS provide written notification to the <br />Division that they did receive the notice of proposed activities. <br />6) III. PROJECT DESCRIPTION. Items 2 and 3: The Applicant states that the estimated date <br />of completion is unknown and that the amount of material to be extracted, moved, or <br />proposed to be moved is also unknown. Applicant is reminded to be cognizant of the <br />difference between Prospecting and Development. Section §34-32-103(12) C.R.S. of <br />The Colorado Mined Land Reclamation Act defines Prospecting as "the act of searching <br />for or investigating a mineral deposit." Section §34-32-103(4) C.R.S. of the Act defines <br />Development as "work performed in relation to a deposit, following the prospecting <br />required to prove minerals are in existence in commercial quantities but prior to <br />production activities, aimed at, but not limited to, preparing the site for mining, defining <br />further the ore deposit by drilling or other means, conducting pilot plant operations, <br />constructing roads or ancillary facilities, and other related activities." Be advised that if <br />your prospecting activities move beyond Prospecting into Development you will be <br />required to obtain a mine reclamation permit from the Division. <br />7) III. PROJECT DESCRIPTION. Item 5: Please provide an estimate of the quantity of waste <br />rock that will be produced during the prospecting operation. Describe where the waste rock <br />will be stockpiled, and provide an estimate of the surface area of undisturbed ground that <br />will be covered by excavated waste rock. <br />8) III. PROJECT DESCRIPTION. Item 6.J: The prospect site appears to be in the proximity <br />of Buckskin Creek. Please note in this item the distance from the prosecuting site to the <br />creek. Also please note in this item the depth of any underground excavation activities that <br />will occur and if the workings are known to produce water. <br />9) IV. OPERATION AND RECLAMATION MEASURES. Item 6: The Applicant states that <br />roads will be reclaimed as needed, yet road construction is not included as a proposed <br />surface excavation activity under Section 111.5. Be advised that any existing disturbances <br />that were caused by the previous operator, Mr. Jim Maulding, but that were left un- <br />reclaimed by him under NOI P-2004-022, will require reclamation by you under this NOI. <br />Please provide a list of any existing disturbances that fit this description. Please provide a <br />photograph of the existing waste rock dump if available. <br />10) IV. OPERATION AND RECLAMATION MEASURES. Item 6: The Applicant states that <br />portals will be backfilled. Please indicate the material that will be used as backfill, whether <br />the portals will be sealed by a bulkhead, and whether the portal backfill material will be re- <br />contoured to blend in with surrounding topography. <br />11) Be advised that, in accordance with Hardrock Rule 4.2.1(6), a financial warranty must be <br />provided and approved prior to entry upon lands for the purpose of prospecting. The