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3. The Division has insufficient information to admit or deny the allegations in <br />paragraph 3 of the Appeal and, therefore, denies the same. <br />4. The Division has insufficient information to admit or deny the allegations in <br />paragraph 4 of the Appeal and, therefore, denies the same. <br />5. The Division has insufficient information to admit or deny the allegations in <br />paragraph 5 of the Appeal and, therefore, denies the same. <br />6. The Division admits that Western Fuels Colorado, LLC ( "WFC ") holds Permit <br />Number C- 1981 -008 for the New Horizon 2 Mine, that the mine is located in Montrose <br />County, Colorado and that WFC is the operator of the Mine. <br />7. The Division admits that it is a division of the Colorado Department of Natural <br />Resources. However, in the Appeal, the Plaintiffs incorrectly treat the Division and the Board <br />as one entity within the Department of Natural Resources and state that the Division is <br />"acting by and through the Mined Land Reclamation Board ". Appeal at ¶7. The Division and <br />the Board are definite and distinct legal entities. Cold Springs Ranch v. Dept. of Nat. Res., <br />765 P.2d 1035 (Colo. App. 1988). <br />8. The Division admits that the Court has jurisdiction over this matter. <br />9. The Division admits that Plaintiffs JoEllen Turner and Michael Morgan <br />appeared at the November 17, 2010 Board meeting. The Division denies that Plaintiffs <br />Frank Morgan and Mary Lou Morgan either appeared or participated at the November 17, <br />2010 Board meeting. The Division further denies that Plaintiffs Frank Morgan and Mary <br />Lou Morgan have standing in this matter. The Division denies the remaining allegations in <br />paragraph 9 of the Appeal. <br />10. Paragraph 10 of the Appeal does not require a response. <br />11. The Division admits that a formal hearing was held on November 17, 2010 <br />concerning Permit Revision No. 6 ( "PR -6 ") to the Permit. The Division has insufficient <br />