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4. The Division sent Applicant two adequacy letters and received <br /> responses from the Applicant for each letter. <br /> 5. On April 18, 2025, based on the applicable requirements of the <br /> Colorado Land Reclamation Act for the Extraction of Construction Materials, <br /> Article 32.5 of Title 34, C.R.S. ("Act") and the Rules, the Division issued and served <br /> all parties both a written recommendation for approval of the Amendment <br /> Application over objections and a written rationale for that recommendation. <br /> 6. On April 29, 2025, the Board, through a prehearing officer, conducted a <br /> prehearing conference. The prehearing officer issued a draft prehearing order. <br /> Among other things, the draft prehearing order stated that the objections submitted <br /> did not identify any jurisdictional issues to be presented to the Board. <br /> 7. Two objectors retained party status by attending the April 29, 2025, <br /> prehearing conference. <br /> 8. At the hearing, the Board adopted the prehearing order without <br /> amendment. <br /> 9. At the hearing, the Division presented information about the <br /> Application, the mining plan, and the application process. The Division also <br /> discussed the objections raised and why those issues were outside of the jurisdiction <br /> of the Board and Division. <br /> 10. The Applicant presented testimony regarding its outreach to <br /> neighboring residents, including those who raised objectors, and changes it had made <br /> to the Amendment Application to address some of those concerns. Representatives for <br /> the Applicant stated that the Applicant takes the role of an operator seriously and is <br /> committed to being a good neighbor. Applicant continues to work with adjacent <br /> landowners on access issues and with the county on issues raised by the objectors. <br /> 11. Objector Ben Lobban attended the hearing to maintain party status. <br /> CONCLUSIONS OF LAW <br /> 12. The Board has jurisdiction over Applicant and this matter pursuant to <br /> the Act. <br /> 13. 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 /> 14. 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 /> BURNCO, Colorado, LLC <br /> Nissen Farm Resource/M-2003-001 2 <br />