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20. 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 /> 21. 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 /> 22. 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 /> 23. 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 /> (c) Any part of the proposed mining operation, the reclamation <br /> program, or the proposed future use is contrary to the laws or <br /> regulations of this article. <br /> (d) The proposed mining operation, the reclamation program, or <br /> the proposed future use is contrary to the laws or regulations of <br /> this state or the United States, including but not limited to all <br /> federal, state, and local permits, license, and approvals, as <br /> applicable to the specific operation. <br /> (e) The mining operation will adversely affect the stability of any <br /> significant, valuable, and permanent manmade structures located <br /> within two hundred feet of the affected land; except that the permit <br /> shall not be denied on this basis where there is an agreement for <br /> compensation between the operator and the person having an <br /> interest in the structure that damage to the structure is to be <br /> compensated for by the operator or, where such an agreement <br /> cannot be reached, the applicant provides an appropriate <br /> engineering evaluation that demonstrates that such structures <br /> shall not be damaged by proposed construction materials <br /> excavation operations. <br /> (g) The proposed reclamation plan does not conform to the <br /> requirements of section 34-32.5-116. <br /> Albert Frei & Sons, Inc. <br /> AFS-Bennet Pit/M-2001-038 4 <br />