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18, 2023 meeting to allow Applicant to address outstanding adequacy issues with <br /> AM2. <br /> 7. As of January 17, 2023, AM2 is in approvable form. <br /> 8. At the January 18, 2023 hearing, the Division presented testimony <br /> regarding AM2. The Division provided background regarding the Application and <br /> its status. Because the 305-day maximum review period for AM2 expired in <br /> October 2022, the Division scheduled the matter for a hearing before the Board to <br /> either deny AM2 or approve AM2 with or without conditions. <br /> 9. At the hearing, the Division recommended approval of AM2 with two <br /> conditions that would require Applicant to 1) install monitoring wells by June 30, <br /> 2023 and submit to the Division, within 30 days of completion of monitoring well <br /> and installation activities, the boring logs, well construction diagrams, and <br /> copies of the proper Department of Water Resources submittals; and 2) submit a <br /> technical revision by September 29, 2023 to update the site-wide groundwater <br /> model to incorporate new data from the monitoring wells. <br /> 10. At the hearing, Applicant thanked the Board for the continuance and <br /> stated that it had worked hard to bring the site into compliance. Applicant <br /> committed to complying with the conditions proposed by the Division. <br /> CONCLUSIONS OF LAW <br /> 11. The Board has jurisdiction over Applicant and this matter pursuant to <br /> the Act. <br /> 12. 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 /> 13. 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 /> 14. 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 /> 15. Under the Act, the Division and the Board shall grant a permit to an <br /> applicant who complies with section 34-32.5-115(4), C.R.S. The Application <br /> complies with section 34-32.5-115(4), C.R.S. <br /> City of Lafayette <br /> M-2010-071 2 <br />