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used in processing, and the inert material proposed for use in processing by <br /> Applicant will not degrade water quality at the site. The Applicant will implement <br /> a spill prevention control and countermeasures plan and a stormwater pollution <br /> prevention plan, which includes paving roads and parking areas as well directing <br /> flows from fueling areas to a settling and treatment pond. The Applicant had <br /> satisfied all of the Division's adequacy review requests, and AM-01 satisfied the <br /> requirements of the Act and the Rules. <br /> 20. The Division recommended approving the permit amendment <br /> application AM-01 over objections. <br /> CONCLUSIONS OF LAW <br /> 21. The Board has jurisdiction over Applicant and this matter pursuant to <br /> the Act. <br /> 22. 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 /> 23. 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 /> 24. 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 /> 25. 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 /> Black Mountain Sand Weld LLC <br /> Lost Creek Mine/M-2018-051 4 <br />