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2011-11-09_GENERAL DOCUMENTS - P2011029
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2011-11-09_GENERAL DOCUMENTS - P2011029
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Last modified
8/24/2016 4:44:53 PM
Creation date
1/30/2012 1:16:43 PM
Metadata
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Template:
DRMS Permit Index
Permit No
P2011029
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
11/9/2011
Doc Name
Notice of Deficiencies
From
Greg Lewicki and Associates, PLLC
To
DRMS
Permit Index Doc Type
General Correspondence
Media Type
D
Archive
No
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form that will change and indicate the sections that will not change. Prospectors must designate each portion <br />of the modified NOI they believe are to remain confidential. Please note that under SB08 -228, all <br />information provided to the Board in an NOI or a modification of an NOI is a matter of public record <br />including, in the case of a modification, the original notice of intent, unless that information relates to the <br />mineral deposit location, size, or nature or is designated by the Prospector as proprietary or trade secrets, or <br />that would cause substantial harm to the competitive position of the Prospector. Accordingly, the Prospector <br />should also designate the information in the original NOI that it believes is confidential if it has not already <br />done so. <br />The Board shall determine (where there is a question) if an NOI can be modified or requires the filing of a <br />new NOI in accordance with Rule 1.4.11. If the Division determines that the proposed modification (or new <br />NOI) requires the posting of an additional reclamation bond amount to cover increased costs of reclamation <br />caused by the modification (or new NOI), the NOI holder must submit, and the Division must approve, the <br />supplemental or additional bond to cover such increased reclamation costs before the NOI holder may <br />undertake any additional or different activities described in the modification (or new NOI). A separate <br />prospecting notice shall be filed with the Office for each non - contiguous land survey quarter section in <br />which a proposed prospecting activity is to occur. The requirement for separate notices may be waived by <br />the Office for good cause (Rule 5.1.1). <br />ANNUAL REPORTS: <br />Effective as of December 31, 2006, Annual Reports are required for all active prospecting operations. By <br />the anniversary date of each year that the NOI is in effect, the prospector must file an annual <br />reclamation report detailing the exploration and reclamation activities that occurred during that year <br />and whether prospecting has been completed (Rule 5.6). Annual Reports filed on or after June 2, 2008 <br />shall be a matter of public record unless designated by the prospector as confidential pursuant to the <br />provision of Rule 1.3. Failure to submit an Annual Report for two (2) consecutive years shall constitute <br />evidence of abandonment of the prospecting activities. The report must be accompanied by an annual fee <br />in the amount of $86. <br />RECLAMATION: <br />Reclamation shall be completed in a timely manner and within five (5) years of completion of prospecting <br />activities (Rule 5.1.2(g)). The time period to complete site reclamation commences on the date that <br />prospecting has been completed, as stated in the Annual Report. New or significantly upgraded roads, <br />structures, or other features on private lands that are planned to be retained following prospecting may be <br />identified in the NOI submittal and may be excluded from the financial warranty amount at the discretion of <br />the office. The prospector must submit a notarized letter from the landowner requesting that the roads, <br />structures or other features remain on site and demonstrate that it meets the applicable County zoning and <br />code requirements. <br />RELEASE OF FINANCIAL WARRANTY AND TERMINATION OF THE NOI: <br />Upon completion of any phase of reclamation, you should consult Rule 3.1 for reclamation standards and <br />Rule 4.16 for details on how to request a reclamation responsibility release from the MLRB. Following the <br />completion of reclamation, the prospector may request a release of the reclamation responsibility sent by <br />certified mail. The Division will conduct an inspection within 30 days of receiving the request (or as soon <br />vi <br />
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