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THEREFORE, based on the arguments presented above and the difficulty in <br />providing a clear and understandable item -by -item objection to Plaintiffs' designation of <br />record index, Defendants request that the Court 1) strike Plaintiffs' entire designation of <br />record as being outside the scope of the APA and SCMRA and overly inclusive of non -PR- <br />06 related documents and 2) approve Defendants' proposed designation of administrative <br />hearing record as the November 17, 2010 administrative hearing record subject to judicial <br />review. <br />Respectfully submitted this 3rd day of August, 2012. <br />JOHN W. SUTHERS <br />Attorney General <br />/s /Jeff M. Fugate <br />JEFF M. FUGATE #37679 <br />First Assistant Attorney General <br />Resource Conservation Unit <br />Natural Resources and Environment Section <br />Attorney for the Division of Reclamation, Mining, <br />and Safety <br />/s/ John J. Roberts <br />John J. Roberts #30124 <br />Senior Assistant Attorney General <br />Agriculture/Professional Unit <br />Business & Licensing Section <br />Attorney for Mined Land Reclamation Board <br />