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of Defendant' s permit application was provided to Plaintiffs. <br /> 5. Defendant denies each and every one of the alle- <br /> gations contained in paragraph 5-13 of the Complaint. <br /> FIRST AFFIRMATIVE DEFENSE <br /> Plaintiffs have failed to exhaust their administra- <br /> tive remedies and are therefore barred from seeking judicial <br /> review. <br /> SECOND AFFIRMATIVE DEFENSE <br /> Plaintiffs were not parties to the administrative pro- <br /> ceeding which is the subject of this Complaint and thus have no <br /> right to seek judicial review under the Colorado Administrative <br /> Procedure Act, C.R.S . 1973, as amended, §24-4-106 . <br /> THIRD AFFIRMATIVE DEFENSE <br /> The facts revealed in the record made before the <br /> Colorado Mined Land Reclamation Board in connection with Defen- <br /> dant' s permit application conclusively support the decision of <br /> the Mined Land Reclamation Board to approve the permit appli- <br /> cation. <br /> FOURTH AFFIRMATIVE DEFENSE <br /> The undisputed facts relevant to this action conclu- <br /> sively demonstrate that Plaintiffs received timely and proper <br /> notice of Defendant' s permit application. <br /> FIFTH AFFIRMATIVE DEFENSE <br /> Plaintiffs have failed to state a claim upon which <br /> relief can be granted. <br /> WHEREFORE, Defendant requests that Plaintiffs ' Com- <br /> plaint be dismissed with prejudice and that Defendant be <br /> awarded its costs and attorneys ' fees pursuant to C.R.S . <br /> 1973, as amended, 513-17-101 . <br /> -2- <br />