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impacts to her structures and right of way, particularly given the proximity of the <br /> excavation and slurry wall to her shed. Objector raised concerns about the abandoned <br /> well on her property, which she considers to be inactive, and argued that there had <br /> not been enough analysis on potential impacts to that well. <br /> 20. The Division recommended approving the permit Application. <br /> CONCLUSIONS OF LAW <br /> 21. The Board has jurisdiction over Applicant and this matter pursuant to <br /> the Act. <br /> 22. 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 /> 23. 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 /> 24. 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 /> 25. 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 /> 26. In considering whether to grant a permit to an applicant, the Board <br /> "shall 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 <br /> financial 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 <br /> the proposed future use is contrary to the laws or regulations of <br /> Ogilvy River Farm, LLC. <br /> Ogilvy River Farm Pit/M-2024-006 5 <br />