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Notwithstanding the fact that CES has the burden of proof to <br />show an absence of substantial evidence on the record, this brief <br />contains a recitation of the factual basis for the MLRB's action <br />which shows that Battle Mountain satisfied all statutory and <br />regulatory requirements for approval of the permit application and <br />that the approval of the application was supported by substantial <br />evidence on the record. This brief also sets forth the standard <br />for judicial review of the Board's action and demonstrates why, <br />under that standard, CES has failed to meet its burden of proof and <br />has not established a legal basis upon which the Board's action may <br />be reversed. <br />BTATEMENT OF FACTB <br />On November 9, 1988 Battle Mountain delivered an Application <br />for a Reclamation Permit (the "Application") to the Mined Land <br />Reclamation Division ("MLRD"), the state agency which administers <br />the CMLRA in conjunction with the Board. On November :LO, 1988 the <br />MLRD notified Battle Mountain that the Application was accepted as <br />"complete" for purposes of triggering the notice and public <br />inspection requirements of §34-32-112(10) of the CMLRiA. Vol. 4, <br />page 909,913. Pursuant to §34-32-112(10) C.R.S., Battle Mountain <br />filed the Application for public inspection in the Costilla County <br />Clerk and Recorder's Office, published notice of the application <br />in local newspapers for four consecutive weeks, and also mailed <br />copies of the notice to all owners of surface rights to the <br />- 4 - <br />