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20. Under section 3 - 2.5-1 1 C. .S, 4" } <br /> the applicant must comply with <br /> the requirements i i # �iM� <br /> this article and section 2 - -1o� 7) CR.S." <br /> 21. Under Rule 1. .110 , the Applicant "has <br /> the burden of demontratin <br /> that the application meets mini u � c �x�re�nents of .� � <br /> � yule s, and <br /> Regulations." <br /> � <br /> l <br /> 22. Under Rule 2. .1 1 and section 2 - -1 ' , C. .S., "the proponent of <br /> an order shall have the burden of proof.' As he a� initiating� - r this matter by <br /> finApplication,the Apphcant was the "proponent of an order" at the <br /> z�e `o�*e has theburden �r�g r�c�, <br /> e o prove that the Application n is consistent s�stnt �� ► applicable <br /> ,d rules, should lie roved the • <br /> pp aid. <br /> 23. Try considering whether to rant permit • <br /> � p �t t an applicant, the hoard <br /> shall not deny a permit except on one or � <br /> more of the fo .o �ng grounds,"' as relevant: <br /> (a) The application is incomplete and the <br /> performance and <br /> financial warranties have not been Provided. <br /> ■ • <br /> (c) Any part of the proposed mining operation, • <br /> the reclamation <br /> program, or the proposed future use is contrary to the Is or <br /> regulations of this article. <br /> (d) The proposed mining operation, the reclamation clanxti program, or <br /> the proposed future use is contrary to the , <br /> laws x regulations of r <br /> this state or the United States includinglimited <br /> not to all <br /> federal, state, and local permits, license, and appr <br /> ovals, as <br /> applicable to the specific operation, <br /> (e) The mining operation will ad ersel ff� aect the stability and <br /> significant, valuable, and permanent manmade <br /> structures located <br /> within two hundred feet of the affected land. <br /> except that the permit <br /> skull not be denied on this basis where there is an agreement for <br /> compensationbetween the operator and the erson having. p n <br /> interest in the structure that damage to the structure is <br /> compensated for by the operator or, where such an agreement <br /> rent <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 <br /> materials <br /> excavation operations. <br /> r • • <br /> (g) The proposed reclamation plan sloes not conform to the <br /> requirements of section 3 -32. -11 . <br /> Albert Frei & Sons, Inc. <br /> A 's-Bennet Pit/M-Zoo -o s <br />