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23. Under Rule 2.8.1 of the Mineral Rules and Regulations of the Colorado <br />Mined Land Reclamation Board for Hard Rock, Metal, and Designated Mining <br />Operations and section 24-4-105(7), C.R.S., "the proponent of an order shall have <br />the burden of proof." As the parties initiating this matter for a Board hearing by <br />filing appeals under Rule 5.1.3 and section 34-32-107(2), C.R.S. to reverse the <br />Division's approval of Modification MD -03, Appellants were the "proponents of an <br />order" at hearing and, therefore, had the burden to prove that the Division's <br />determination was inconsistent with applicable laws and regulations. <br />24. "Mining operation" means "the development or extraction of a mineral <br />from its natural occurrences on affected land." C.R.S. § 34-32-103(8) (2015). Under <br />section 34-32-103(4), C.R.S., "development" means: <br />the work performed in relation to a deposit following the prospecting required <br />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 <br />mining, defining further the ore deposit by drilling or other means, <br />conducting pilot plant operations, constructing roads or ancillary facilities, <br />and other related activities. <br />25. To the extent that the activities of outlined in Modification MD -03 are <br />for purposes beyond determining whether minerals exist in commercial quantities, <br />then the activities constitute "development." Therefore, the activities proposed by <br />Modification MD -03 constitute a mining operation for which a reclamation permit <br />is required. <br />26. To the extent that Modification MD -03 is aimed at testing a mining <br />method that is not presently in common use, the activities proposed in Modification <br />MD -03 constitute a pilot project. As such, the activities constitute a "mining <br />operation" for which the Applicants must obtain a reclamation permit. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />determines that the activities proposed in the Application constitute a "mining <br />operation" as that term is defined by the Act and hereby REVERSES the decision of <br />the Division to approve Modification MD -03 and REMANDS Modification MD -03 to <br />the Division to require submission of a reclamation permit application. <br />DONE AND ORDERED this /yam day of November 2015. <br />Black Range Minerals, LLC <br />Hansen Uranium Project/P-2009-025 4 <br />