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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 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />May 30, 2008 <br />COLORADO <br />D I V1 S I ON Of <br />RECLAMATION <br />MINING <br />SAFETY <br /> Bill Ritter, Jr. <br /> <br />Mr Michael Leidich Governor <br />Lynx E&M LLC Harris D. Sherman <br /> <br />2030 Foothills Road Executive Director <br /> <br />Golden <br />CO 80401-0000 Ronald W. Cattany <br />, Division Director <br /> Natural Resource Trustee <br />RE: Notice of Intent to Conduct Prospecting; DRMS F ile #(s) P-2008-019, P-2008-020 <br /> <br />P-2008-028, P-2008-029 , <br />Dear Mr. Leidich: <br />Please be advised that on June 2, 2008, the Governor will sign Senate Bill (SB) 228 into law. <br />Thus, new statutory provisions will become applicable for all Prospecting Notices, and <br />modifications to Prospecting Notices, submitted or approved on or after June 2, 2008. <br />Specifically, SB 228 revises the confidentiality provisions of C.R.S 34-32-113 applicable to <br />Prospecting Notices. A copy of the SB 228 is included with this notice for your convenience. <br />Based upon the requirements of SB 228, the Division of Reclamation, Mining and Safety <br />(DRMS) hereby finds that the above-referenced Prospecting Notice is deficient because the <br />applicant has not yet designated those portions of the application it believes are confidential. The <br />DRMS will not issue an approval decision and the applicant is not authorized to commence <br />prospecting operations until all application deficiencies, including the confidentiality issues, are <br />adequately resolved. <br />Confidentiality may only be asserted for those portions of the application "relating to the mineral <br />deposit location, size, or nature, and as determined by the Board, other information designated by <br />the operator as proprietary or trade secrets or that would cause substantial harm to the competitive <br />position of the operator". <br />Please either withdraw and resubmit a revised application with the appropriate designations, or <br />provide a detailed application supplement, such that the revised application or application <br />supplement addresses the confidentiality designations required by SB 228. Please note that the <br />Division will not require payment of a new fee for the withdrawal and resubmittal option. <br />Thank you for your cooperation in this matter. <br />Sincerel. <br />GD' 'd B <br />I er <br />im Director, Office of Mined Land Reclamation <br />7t <br />enclosure(s) <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines