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?- zoos _ oz? <br />STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 tS UN ,"ONHDENTAL <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />Form 2 <br />Public information only <br />For public filing <br />?ME?1 Y E® <br />JUL 2 2 2009 <br />pi *iM of ReclWililfioly, <br />Mining and Safety <br />NOTICE OF INTENT TO CONDUCT PROSPECTING OPERATIONS <br />FOR HARD R0CKIMETAL MINES <br />GENERAL: <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />SA FETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald w. t-attany <br />Division Director <br />Natural Resource Trustee <br />To conduct prospecting activities in the State of Colorado, a person or organization must file a Notice of Intent to conduct <br />Prospecting Operations (NOI or Prospecting Notice) and provide a financial. warranty for the prospecting operations to the <br />Mined Land Reclamation Board (MLRB or Board). All prospecting operations must comply with the Colorado Mined Land <br />Reclamation Act, as amended (34-32-101 et seq. C.R.S.), and the Colorado Mined Land Reclamation Board Hard <br />Rock/Metal Mines Rules and Regulations 2 CCR 407-1 and amendments to those rules ("Rules"). This NOI form is for all <br />minerals except coal and construction materials. The Division shall determine (where there is a question) if an operation is <br />prospecting or mining. <br />The New Law: <br />Senate Bill (SB) 228 became law on June 2, 2008. <br />SB 228 revised portions of C.R.S. 34-32-113 pertaining to confidentiality and filing requirements of <br />Prospecting Notices. <br />Certain aspects of Prospecting Notices will no longer be confidential. <br />As revised, C.R.S. 34-32-113 (3) now requires, in part, that "All information provided to the Board in a <br />notice of intent to conduct prospecting or a modification of such a notice is a matter of public record subject <br />to the Open Records Act, Part 2 of Article 72 of Title 24, C.R.S., including, in the case of a modification, the <br />original notice of intent; except that information relating to the mineral deposit location, size, or nature and, <br />as determined by the Board, other information designated by the operator as proprietary or trade secrets or <br />that would cause substantial harm to the competitive position of the operator shall be protected as <br />confidential information by the Board and shall not be a matter of public record in the absence of a written <br />release from the operator or until a finding by the Board that reclamation is satisfactory. Such information <br />designated as exempt shall remain confidential until a final determination by the Board". If the Board <br />determines that information is not confidential, the Division shall treat it as public information thirty (30) <br />days from the Board's written order. <br />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 />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines