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Permitting Issues <br />49. Objectors raised several concerns regarding the Application, including <br />whether all exhibits had been submitted and were accurate, that the public notice <br />was not adequate, and that Applicant's response to the Division's adequacy review <br />constituted an amendment of the plan. <br />50. The Division testified that Applicant had submitted all required <br />exhibits, including Exhibits C and G. <br />51. The Division also stated that Applicant's Exhibit B index map <br />sufficiently addressed the requirements of Rule 6.4.2. Likewise, Applicant's climate <br />data, which included climate data for Fort Collins, was sufficient to comply with the <br />Rules. <br />52. Applicant's public notice contained statements that any comments <br />must be received by the Division not more than twenty days after the last date of <br />publication and listed the last day of publication. <br />53. The Division recommended approving the permit Application over <br />objections with conditions. <br />CONCLUSIONS OF LAW <br />54. The Board has jurisdiction over Applicant and this matter pursuant to <br />the Act. <br />55. 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 />56. 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 />57. 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 is consistent with applicable <br />laws and rules, and should be approved by the Board. <br />58. 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 />Loveland Ready Mix Concrete, Inc. <br />Knox Pit/M-2017-036 7 <br />