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Application, Applicant was the"proponent of an order"at the hearing and, therefore, has <br /> the burden to prove that the Application is consistent with applicable laws and rules, and <br /> should be approved by the Board. <br /> 30. 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: <br /> (a)The application is incomplete and the performance and financial <br /> 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 the <br /> proposed future use is contrary to the laws or regulations of this state <br /> or the United States, including but not limited to all federal, state, and <br /> local permits, license, and approvals, as applicable to the specific <br /> 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 interest <br /> in the structure that damage to the structure is to be compensated for <br /> by the operator or, where such an agreement cannot be reached, the <br /> applicant provides an appropriate engineering evaluation that <br /> demonstrates that such structures shall not be damaged by proposed <br /> construction materials excavation operations- <br /> (g)The proposed reclamation plan does not conform to the <br /> requirements of section 34-32.5-116. <br /> C.R.S. § 34-32.5-115(4) (2021). <br /> 31. Any concerns regarding future enforcement are not grounds to deny the <br /> Application under section 34-32-115(4). Under Rules 3.2 and 3.3, the Division has <br /> adequate authority to inspect and report violations of the permit, the Rules, and the Act. <br /> 32. Under section 34-32.5-115(4)(a), C.R.S.,the Board or Division may deny <br /> a reclamation permit If the application is incomplete. Based on the record and <br /> testimony presented, Applicant has submitted a complete application and complied with <br /> the requirements of section 34-32.5-112, C.R.S. and Rule 1.6.2. There is no cause to <br /> deny the Application under section 34-32.5-115(4)(a). <br /> Aggregate Industries—WCR, Inc. <br /> Tucson South Resource/M-2004-044 <br />