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4 <br /> <br />for the continuation of nonproduction and those factors necessary to, and his plans for, <br />resumption of production.” C.R.S. § 34-32-103(6)(a)(III). Unlike the notice-based standard for <br />a first term that went to a Board hearing based on objections, the second term procedures require <br />Cotter to make a request that the Board must hear, and Cotter requested a hearing as part of its <br />request. <br />The fact that Cotter bears the burden of demonstrating entitlement to a second term of <br />temporary cessation is also borne out by the Board’s Rules. For instance, the Rules allow a <br />second term of temporary cessation only where “the Operator files a request for an extension of <br />the period of Temporary Cessation with the Board meeting the requirements of Subparagraph <br />1.13.5(3) and secures Board approval of that request.” Rule 1.13.8(2). In turn, Rule 1.13.5(3) <br />requires specific demonstrations from the operator to qualify for the second term of temporary <br />cessation: <br />(a) demonstration that the existing Financial Warranty is adequate to cover the <br />reclamation liability; <br />(b) explanation as to why the Operator has not recommenced operations or begun <br />reclamation; <br />(c) demonstration of continued commitment to conduct mining operations at the site by <br />the end of the second five year period; <br /> <br />The MLRA and Rules place an affirmative duty on the operator to: 1) make a request for a <br />second term of temporary cessation that requires a Board action; and 2) make specific <br />“demonstrations” in order to qualify for the second term. Thus, it is Cotter’s burden to convince <br />the Board that temporary cessation is available and that it has made the requisite <br />“demonstration”. <br /> This requirement for Cotter to both apply to the Board and to make affirmative <br />demonstrations to entitle it to avoid the MLRA’s presumption toward reclamation is consistent <br />with Colorado case law cited by Objectors that places the burden of proof on the applicant. See