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• <br />C7 <br />sufficient to form a belief as to the truth of the allega- <br />tions of paragraph 2 and therefore deny the same. <br />3. Third-party defendants are without information <br />sufficient to form a belief as to the truth of the allega- <br />tions of paragraph 3 and therefore deny the same. <br />4. Admit the allegations of paragraph 4. <br />5. As to paragraph 5 third-party defendants admit <br />that c.R.S. 1973. 34-32-115(4) provides in pertinent part <br />d5 fOllOwS: <br /> <br />(4) The Board shall grant a permit <br />to an operatror if the application com- <br />plies with the requirements of this <br />article and all applicable local. <br />state. and federal laws. The Board <br />shall not deny a permit. except for <br />one or more of the following reasons: <br />... <br />(c) Any part of the proposed mining <br />operation, the reclamation program, <br />or the prOpOSed future use is Contrary <br />to the laws or regulations of this <br />state or the United States. <br />.. <br />(e) The mining operation would be in <br />violation of any city. town, county. <br />or city and county zoning or subdivi- <br />sion regulations or contrary to any <br />master plan for extraction adopted pur- <br />suant to section 34-1-304. <br />Third-party defendants also admit that G.R.S. 1973. <br />34-32-109(6) provides in part as follows: <br />However. the board shall not grant a <br />permit in violation of city. town, <br />county. or city and county zoning or <br />subdivision regulations or contrary <br />to any master plan for extraction <br />adopted pursuant to section 34-L-304 <br />unless a prior declaration of intent <br />t0 Change or waive the prohibition is <br />obtained by the applicant from the <br />affected government subdivisions. <br />6. Admit the allegations of paragraph 6. <br />7. Admit the allegations of paragraph 7. <br />8. Deny the allegations of paragraph 8. <br />9. Admit. in response to paragraph 9• that defendant <br />-2- <br />