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prior to initiating any mining disturbance. Applicant also presented testimony on the <br /> hydrologic balance of the site and their efforts to model groundwater to plan for <br /> appropriate measures to mitigate any impacts from the operation. <br /> 11. The remaining Objector, Cheryl Kasten, testified at the hearing that her <br /> concerns had been addressed and withdrew her objection to the Application. <br /> 12. The Division recommended approving the permit Application. <br /> CONCLUSIONS OF LAW <br /> 13. The Board has jurisdiction over Applicant and this matter pursuant to <br /> the Act. <br /> 14. 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 /> 15. 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 /> 16. 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 /> 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 /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> hereby approves the Application. <br /> DONE AND ORDERED this Ll day of October 2024. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Kell Wareha - ris, air <br /> W.W. Clyde & Co. <br /> Bernhardt Sand and Gravel Pit <br /> M-2023-025 3 <br />