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16. Objector presented testimony regarding the road, stating that there was no <br /> legal right of entry and that the road built by Applicant across her property had not been <br /> reclaimed. <br /> CONCLUSIONS OF LAW <br /> 17. The Board has jurisdiction over this matter pursuant to the Colorado Land <br /> Reclamation Act for the Extraction of Construction Materials, Article 32.5 of Title 34, <br /> C.R.S. (2020). <br /> 18. Under section 34-32.5-115(4), C.R.S., "the applicant must comply with the <br /> requirements of this article and section 24-4-105(7), C.R.S." <br /> 19. Under Rule 1.4.1(10), the Applicant"has the burden of demonstrating that <br /> the application meets the minimum requirements of the Act, Rules, and Regulations." <br /> 20. Under Rule 2.8.1(1)and section 24-4-105(7), C.R.S., "the proponent of an <br /> order shall have the burden of proof." As the party initiating this matter by filing the <br /> Application, Applicant was the "proponent of an order" at the hearing and, therefore, has <br /> the burden to prove that the Application was consistent with applicable laws and rules, <br /> and should be approved by the Board. <br /> 21. In considering whether to grant a permit to an applicant, the Board "shall <br /> not deny a permit except on one or more of the following grounds,"as relevant here, "(a) <br /> The application is incomplete ...."§ 34-32.5-115(4), C.R.S. (2020). <br /> 22. Section 34-32.5-112(1)(c)(IV), C.R.S., requires permit applications to <br /> include "[t]he source of the applicant's legal right to enter and initiate a mining operation <br /> on affected land." Rule 6.4.14 also requires applicants to provide"documentation of the <br /> legal right to enter and conduct mining and reclamation ...." <br /> 23. The Application failed to demonstrate that it had a legal right to enter all <br /> affected land. Accordingly, the Application is incomplete because it does not meet the <br /> requirements of section 34-32.5-112(1)(c)(IV), C.R.S., and Rule 6.4.14. <br /> 24. The Applicant did not meet its burden of demonstrating that the application <br /> met the minimum requirements of the Act, Rules, and Regulations pursuant to Rule <br /> 1.4.1(10). <br /> 25. Because Application failed to comply with the requirements of section 34- <br /> 32.5-112(1)(c)(IV), C.R.S., the Board denies the Application in accordance with section <br /> 34-32.5-115(4)(a), C.R.S. <br /> ORDER <br /> Kelley Trucking, Inc. <br /> M-2010-053 <br />