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C.R.S. 34 -32 -113 (9) now requires that the applicant provide the NOI in an electronic version in addition to <br />the paper form and that DRMS post on the Division's website the NOI upon submittal. Specifically, this <br />subsection states: "Upon the submittal of a notice of intent to conduct prospecting or a modification of such a <br />notice, the person submitting such notice or modification shall give an electronic version of the notice or <br />modification, except for that information exempted from public disclosure under subsection (3) of this <br />section and that information designated by the person as exempt from disclosure under subsection (3) of this <br />section, to the Board in a format determined by the Board. The Division shall post such version of the notice <br />or modification on its web site ". The new requirements of the Act apply to NOIs or modifications thereto <br />submitted or approved on or after June 2, 2008. <br />The Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal <br />and Designated Mining Operations were also revised as a result of the changes to the Act and became <br />effective September 30, 2010. <br />A summary of new requirements of the rules are as follows and apply to NOI's or <br />modifications thereto submitted or approved on or after September 30, 2010. <br />Rule 1.3 addresses the designation of confidential materials submitted to the Division in an <br />NOI and the public review and appeal processes associated with the confidential designation <br />process. <br />Rule 3.1.6(4) authorizes the Division to require the submission of baseline site <br />characterization data for surface and ground water on a case by case basis. <br />Rule 3.1.6(5) authorizes the Division to implement environmental protection measures <br />associated with drill pits on a case -by -case basis. <br />Rule 5.1.2 identifies application requirements for NOI's including new requirements to <br />submit two (2) forms (one confidential and one non - confidential) and an electronic version of <br />any application. <br />In addition, Rule 5.1.2 (m) (i) & (ii) identifies a new requirement for prospectors to notify the <br />Local Boards of County Commissioners at the time of application submittal for an NOI and <br />to provide certification that such notice was submitted. <br />Rule 5.1.3 identifies office review procedures for processing NOI's including confidential <br />dispute timelines. <br />Rule 5.2 describes confidentially as it pertains to NOI filings pre and post June 2, 2008. <br />DEFINITION: <br />"Prospecting" is defined in Rule 1.1(43) of the Hard Rock/Metal Mining Rules and Regulations as the act of <br />searching for or investigating a mineral deposit. "`Prospecting' includes, but is not limited to, sinking shafts, <br />tunneling, drilling core and bore holes and digging pits or cuts and other works for the purpose of extracting <br />samples prior to the commencement of development or extraction operations, and the building of roads, <br />access ways, and other facilities related to such work. The term does not include those activities which cause <br />very little or no disturbance, such as airborne surveys and photographs, use of instruments or devices which <br />ii <br />