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16. 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, 2 C.C.R. 407-1, (the "Rules") and section 24-4-105(7), C.R.S., "the <br /> proponent of an order shall have the burden of proof." As the party initiating this <br /> matter for a Board hearing by filing an appeal under Rule 5.1.3 and section 34-32- <br /> 107(2), C.R.S. seeking remand to the Division for further consideration of <br /> Application P-2023-015, Mr. Blades was the "proponent of an order" at the hearing <br /> before the Board and, therefore, had the burden to prove that the Division's <br /> determination was inconsistent with applicable laws and regulations. <br /> 17. Prospecting is the "act of searching for or investigating a mineral <br /> deposit" and includes "drilling core and bore holes." § 34-32-103(12), C.R.S. A <br /> "mining operation" is the "development or extraction of a mineral from its natural <br /> occurrences on affected land," § 34-32-103(8), C.R.S., and "the activities associated <br /> with development, extraction and/or extraction..." Rule 1.1(41). The drilling for <br /> core samples proposed by the Application is prospecting as defined by the Act and <br /> Rules and does not constitute mining activity, as that term is defined by the Act and <br /> Rules. <br /> 18. Section 34-32-113(2), C.R.S., and Rule 5.1.2 contain requirements for <br /> any Notice of Intent to Conduct Prospecting Operations. The Board finds that the <br /> Applicant has met the necessary requirements and therefore that Objector has not <br /> met the burden to demonstrate that remand to the Division is warranted. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> hereby finds and orders as follows: <br /> The Board DENIES the Appeal by the Objector Skip Blade and affirms the <br /> Division's approval of Tallahassee Resources Exploration, LLC's NOI, File No. P- <br /> 2023-015. <br /> DONE AND ORDERED this _3 day of May 2024. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> ell Wareha - ris, hair <br /> Tallahassee Resources, LLC <br /> P-2023-015 4 <br />