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Aug 31 11 09:52a Mary Keyes 303 984 0362 p.4 <br />12. "Prospecting" constitutes the act of searching for or investigating a <br />mineral deposit, including sinking shafts, tunneling, drilling core and bore holes <br />and digging pits or cuts and other works for the purpose of extracting samples prior <br />to commencing development or extraction operations. C.R.S. § 34- 32- 103(12) (2010); <br />Rule 1.1(43) <br />13. The activities proposed in the Applications constitute developing or <br />extracting a mineral from its natural occurrence, processing material, and disposing of <br />mining refuse. As such, the Applications propose a mining operation, not prospecting. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby <br />denies the Applicant's appeal and affirms the Division's denial of NOI applications P- <br />2011 -013 and P- 2011 -016. <br />DONE AND ORDERED this i lk- <br />day of ` )e-pk-e_on to 2011. <br />Terry Winters /Spring Gulch Mining Co. <br />Bear Hug Site <br />P- 2011 -013/P -2011 -016 <br />FOR THE COLORADO MINED LAND <br />RECLAMATION BOARD <br />Barbara Green, Chair <br />NOTICE OF APPEAL RIGHTS <br />This order becomes effective and final upon. mailing. Any party adversely affected or <br />aggrieved by agency action may commence an action for judicial review by filing a <br />notice of appeal with the district court within thirty (30) days after the effective date <br />of this order, pursuant to section 24 -4 -106, C.R.S. (2010). In the event that an appeal <br />is filed, designations of record made in accordance with section 24- 4- 106(6), C.R.S. <br />should be served on the Board at: 1313 Sherman Street, Room 215, Denver, CO <br />80203, Attention: Sitira Pope. <br />3 <br />