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General Allegations <br />1. Admitted. <br />2. Denied. The Board is not a "subsidiary" of the Colorado Department of <br />Natural Resources; the Board is simply structurally within the Colorado <br />Department of Natural Resources. The Board was established by the Mined Land <br />Reclamation Act, section 34-32-101, C.R.S., et seq. ("MLRA"). To the extent that the <br />Complaint attempts to describe the content of sections of the MLRA, the Colorado <br />Surface Coal Mining Reclamation Act, Article 33 of Title 34, C.R.S. ("Act"), orthe <br />Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, 2 CCR <br />407-2 ("Rules"), the Board and Division state that the Act and Rules speak for <br />themselves and are the best evidence of what they provide. <br />3. Denied. The Division is a not a "subsidiary of MLRB." The Division <br />and the Board are definite and distinct legal entities. Cold Springs Ranch u. Dept. <br />of Nat. Res., 765 P.2d 1035 (Colo. App. 1988). The Division and Board deny that <br />"DRMS was a party to the Application for TR -69." Rather, the Division was staff to <br />the Board in the hearing before the Board on May 24 and 25, 2017 regarding <br />Snowcap's Application for TR -69 to Permit C-1981-041. <br />4. Admitted. <br />5. Admitted. <br />6. Admitted. <br />7. Admitted. <br />Specific Allegations <br />8. Admitted. <br />9. Admitted. <br />10. (Plaintiffs' second #6) The first three sentences are admitted. <br />However, the South Portal at the Roadside Portals Mine was historically only under <br />portions of the tracts. In addition, historic/pre-law coal mines were also under <br />portions of Tract #71. The fourth sentence is denied. Snowcap did not succeed <br />Powderhorn Coal Company until April 17, 2002. In addition, the statement that <br />"Snowcap has been responsible for the ... reclamation of the surface land above the <br />coal caverns" is a legal conclusion and legal argument to which no response is <br />required. To the extent a response is required, denied. <br />11. (Plaintiffs' second #7) Denied. <br />�A <br />