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12. (Plaintiffs' second #8) This paragraph contains legal conclusions and <br />legal arguments to which no response is required. To the extent a response is <br />required, denied. <br />13. (Plaintiffs' second #9) The first sentence is denied. On September 28, <br />2016, Snowcap filed an application with DRMS for approval to install a concrete <br />slab in the former vent shaft involved in the hydrologic communication observed by <br />DRMS staff in June 2014. The second sentence in admitted. <br />14. (Plaintiffs' #10) Admitted. <br />15. (Plaintiffs' #11) Admitted. <br />16. (Plaintiffs' #12) Admitted. <br />17. (Plaintiffs' #13) Admitted. However, the actual date Fontanari filed <br />comments and objections was February 15, 2017. <br />18. (Plaintiffs' #14) Admitted. However, the pre -hearing meeting was a <br />Prehearing Conference held in compliance with Rules 2.6 and 2.7 of the Mineral <br />Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard <br />Rock, Metal, and Designated Mining Operations (2 CCR 407-1), pursuant to an <br />order of the Board. <br />19. (Plaintiffs' #15) Admitted. <br />20. (Plaintiffs' #16) Admitted. <br />21. (Plaintiffs' #17) Admitted. However, the Board's actions at the May <br />24-25, 2017 meeting are more accurately termed "passed motions." <br />Record of Proceedings / Hearing Transcript <br />22. (Plaintiffs' #18) Admitted. <br />23. (Plaintiffs' #19) The Board and Division lack knowledge or information <br />to form a belief about the truth of the allegations of Plaintiff's paragraph 19 and, <br />therefore, deny those allegations. <br />"Actions in Excess of Agency Jurisdiction" <br />24. (Plaintiffs' #20) This paragraph contains legal conclusions and legal <br />arguments to which no response is required. To the extent a response is required, <br />denied. <br />3 <br />