Laserfiche WebLink
jurisdiction should cover people more. Dr. Olmsted testified that a different, non- <br /> mining project in the area had larger signs and more community engagement than <br /> the Applicant's. Dr. Olmsted also stated that, though he was impressed with the <br /> Division's efforts, he did not feel that the laws were adequate. Ms. Olmsted also <br /> argued that the large number of untimely objections received by the Division was an <br /> indication that the notice process is inadequate. <br /> 10. The Division recommended approving the permit Application. <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. Section 34-32.5-112(9), C.R.S., requires applicants to make <br /> applications available for public inspection by filing with the "office of the county <br /> clerk and recorder of the county in which the affected land is located," publish notice <br /> of the application in a newspaper of general circulation in the area of the proposed <br /> operation once a week for four consecutive weeks, and mail notice of the application <br /> to landowners within 200 feet of the affected lands. Applicant met the <br /> requirements of Section 34-32.5-112(9), C.R.S. and provided the required notices. <br /> 16. Under section 34-32.5-115(4)(a), C.R.S., the Board or Division may <br /> deny a reclamation permit if the application is incomplete. Based on the record and <br /> testimony presented, Applicant has submitted a complete application and complied <br /> with the requirements of section 34-32.5-112, C.R.S. and Rule 1.6.2. There is no <br /> cause to deny the Application under section 34-32.5-115(4)(a). <br /> 17. 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 34-32-115(4), C.R.S. <br /> Raptor Materials, LLC. <br /> Two Rivers Sand, Gravel and Reservoir Project/M-2022-013 3 <br />