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11. Regarding potential water issues, Applicant presented testimony that at <br />no point will the mining operations disturb groundwater. The groundwater table is <br />300 feet deep, and mining will not exceed 40 feet in depth. <br />12. At the hearing, Objector testified regarding concerns with blasting, <br />including that it would still be too loud and that she had concerns that the <br />restrictions on blasting in the mining plan would not be binding. Objector also <br />testified regarding wildlife and concerns that some of the types of animals would <br />not return to the land if the post -mining use of rangeland did not allow for regrowth <br />of trees currently on the property. Objector did not contact any wildlife <br />professionals regarding her objection or the proposed amendment to Applicant's <br />permit. <br />13. The Division testified at the hearing, stating that, based on its review <br />of the permit and the Applicant's responses to the adequacy review letters, the <br />Application complies with the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, Article 32.5 of Title 34, C.R.S. (2017) ("Act") and Rules. <br />The Division testified that impacts on wildlife will be minimized, ground and <br />surface water concerns were adequately addressed, and that the Applicant's <br />blasting plan was adequate. The Division further stated that the post -mining use of <br />rangeland would provide excellent forage for wildlife and that it was a beneficial <br />use that satisfied the Applicant's obligations under the Act and Rules. <br />CONCLUSIONS OF LAW <br />14. The Board has jurisdiction over this matter pursuant to the Act. <br />15. 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 />16. 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 />17. Under Rule 2.$.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 is consistent with applicable <br />laws and rules, and should be approved by the Board. <br />18. Reclamation plans for mining sites must, among other things, take <br />into account water issues, including groundwater and general hydrology. Rules <br />3.1.6; 3.1.7; and 6.4.7. Likewise, they must also take the safety and protection of <br />Summit Brick & Tile Co. <br />Fox #1 Clay Mine 1 AM -03, M-1977-219 <br />