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( "Department "), The Board and the Department (and its divisions) are separate <br />legal entities. <br />2. The Board admits venue is proper. <br />3. The Board has insufficient information to admit or deny the <br />allegations in paragraph 3 of the Appeal and, therefore, denies the same. <br />4. The Board has insufficient information to admit or deny the <br />allegations in paragraph 4 of the Appeal and, therefore, denies the same. <br />5. The Board has insufficient information to admit or deny the <br />allegations in paragraph 5 of the Appeal and, therefore, denies the same. <br />6. The Board admits that Western Fuels Colorado, LLC ( "WFC ") holds <br />Permit Number C- 1981 -008 for the New Horizon 2 Mine ( "Permit "), that the <br />New Horizon 2 Mine ( "Mine ") is located in Montrose County, Colorado, and that <br />WFC is the operator of the Mine. <br />7. The Board admits that the Division is a division of the Department. <br />The Board denies that the Division acts by and through the Board. The Board <br />and the Department (and its divisions) are separate legal entities. The Division <br />is a unit of the Department, created by section 24- 33- 104(1)(d), C.R.S.; the <br />Board was created by section 34 -32- 105(1), C.R.S. Although the Board is part <br />of the office of the executive director of the Department, the Board functions as <br />if it were a type one transfer' to the Department. §§ 24 -1- 124(2), 34 -32- 105(1), <br />and 34 -32- 105(3), C.R.S. (2010). The Department (of which the Division is a <br />section) and the Board are distinct entities. See Cold Springs Ranch, Inc. v. <br />State, Dept. of Nat. Res., Mined Land Reclamation Div., 765 P.2d 1035 (Colo. App. <br />1988). <br />8. The Board admits that the Court has jurisdiction over this matter. <br />9. The Board admits that Plaintiffs JoEllen Turner and Michael <br />Morgan appeared at the November 17, 2010 Board meeting. The Board denies <br />that Plaintiffs Frank Morgan and Mary Lou Morgan participated in the <br />November 17, 2010 Board meeting. The Board further denies that Plaintiffs <br />Frank Morgan and Mary Lou Morgan have standing in this matter. The Board <br />denies the remaining allegations in paragraph 9 of the Appeal. <br />1 As a "type one" transfer, the Board is administered under the direction and supervision of the <br />Department, but the Board exercises its powers, duties, and functions independently of the <br />executive director. § 24 -1- 105(1), C.R.S. (2010). <br />2 <br />