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The Board's order was consistent with law and supported by factual findings <br /> and substantial evidence. Transit Mix has the burden of proving its Application <br /> met the minimum requirements of the Colorado Land Reclamation Act for the <br /> Extraction of Construction Materials, C.R.S. § 34-32.5-101 et seq. (the "Act"). <br /> Transit Mix failed to meet its burden. <br /> Transit Mix's Application failed to demonstrate that it received the legal <br /> right to enter and initiate a mining operation on Little Turkey Creek Road. Transit <br /> Mix failed to demonstrate that the impact of the proposed mining operation on the <br /> hydrologic balance would be minimized. Lastly, the Application failed to <br /> adequately take into account the safety and protection of wildlife in the area. <br /> The Board's order should be upheld because it is consistent with law and <br /> supported by substantial evidence. <br /> V. ARGUMENT <br /> A. Standard of Review <br /> Review of agency action is governed by C.R.S. § 24-4-106. The Court must <br /> affirm agency action unless it is arbitrary or capricious, an abuse of discretion, <br /> based upon findings of fact that are clearly erroneous, unsupported by substantial <br /> evidence when the record is considered as a whole, or otherwise contrary to law. <br /> C.R.S. § 24-4-106 (7), (11)(e) (2015). <br /> 9 <br />