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21. The Division denies paragraph 21 of the Appeal. <br />22. This paragraph does not require a response, however, to the extent a response <br />is necessary, the Division denies all allegations in paragraph 22. In addition, the Division <br />believes that the Colorado Administrative Procedures Act governs designation of the official <br />record in this matter. Pursuant to C.R.S. 24- 4- 106(6), "any person initiating judicial review <br />shall designate the relevant parts of such record and advance the cost thereof'. As of the date <br />of this Answer, Plaintiffs have neither designated the record nor advanced the cost for <br />preparation of the record. <br />23. Each and every allegation not specifically admitted in paragraphs 1 -22 of this <br />Answer are denied. <br />Affirmative Defenses <br />A. Failure to state a claim upon which relief can be granted. <br />Respectfully submitted this 9th day of June, 2011. <br />JOHN W. SUTHERS <br />Attorney General <br />E filed in accordance with C. R. C. P. 121, § 1 -26; duly signed original on <br />file with the Office of Attorney General for the State of Colorado <br />/s /Jeff M. Fugate <br />JEFF M. FUGATE #37679 <br />Assistant Attorney General <br />Resource Conservation <br />Natural Resources and Environment Section <br />Attorney for the Colorado Division of Reclamation, <br />Mining and Safety <br />4 <br />