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35. Dr. Sanderson testified that the Mexican Spotted Owl has been listed <br />as threatened since 1993 and that it requires old-growth conifer forests or rocky <br />cliffs for nesting. Dr. Sanderson testified and presented an exhibit from the <br />Mexican Spotted Owl Assessment performed by BIO -Logic, Inc. showing that Hitch <br />Rack Ranch is entirely located in one of three Mexican Spotted Owl "Critical <br />Habitats" west of Castle Rock, Colorado Springs, and Pueblo. Dr. Sanderson <br />testified that "critical habitat" may include "areas that are not currently occupied by <br />the species but will be needed for its recovery." Dr. Sanderson testified that the <br />area from Canon City to Colorado Springs is the best place in Colorado for Mexican <br />Spotted Owl. Dr. Sanderson presented Figure 4 from the Mexican Spotted Owl <br />Assessment performed by BIO -Logic, Inc., showing that the proposed mining site <br />includes "fair" nesting habitat. Dr. Sanderson testified that the site of the proposed <br />mining operation contains good quality foraging habitat, and possibly roosting <br />habitat, for the Mexican Spotted Owl. <br />CONCLUSIONS OF LAW <br />36. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2016) ("Ace,). <br />37. Under section 34-32.5-115(4), C.R.S., "the applicant must comply with <br />the requirements of this article and section 24-4-105(7), C.R.S." <br />38. Under Rule 1.4.1(10), the Applicant "has the burden of demonstrating <br />that the application meets the minimum requirements of the Act, Rules, and <br />Regulations." <br />39. Under Rule 2.8.1(1) and section 24-4-105(7), C.R.S., "the proponent of <br />an order shall have the burden of proof." As the party initiating this matter by <br />filing the Application, Applicant was the "proponent of an order" at the hearing and, <br />therefore, has the burden to prove that the Application was consistent with <br />applicable laws and rules, and should be approved by the Board. <br />40. In considering whether to grant a permit to an applicant, the Board <br />"shall not deny a permit except on one or more of the following grounds," as relevant: <br />(a) The application is incomplete and the performance and <br />financial warranties have not been provided. <br />Transit Mix Concrete Co. <br />Hitch Rack Ranch Quarry/M-2016-010 g <br />