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101 <br />1 But again, I don't think that after an <br />2 assessment conference the division should have <br />3 unilateral authority to vacate a notice of <br />4 violation once the board's jurisdiction has been <br />5 invoked by a request for hearing. <br />6 I guess the final thing I'm going to <br />7 point out, earlier it was stated that the specific <br />8 violation that involves subsidence damage to a <br />9 private property is not necessarily a violation <br />10 that one would go forward on if, in fact, the <br />11 citizen -- the private citizen complaint has been <br />12 withdrawn. <br />13 That is something I would definitely <br />14 defer to a discussion between the board and the <br />15 division as to how they wish to proceed. The only <br />16 thing I will say is in the statute, Section -- and <br />17 these are the statutes that we are cited in the <br />18 notice of violation. , <br />19 Section 121 of the statute, Surface <br />20 effects of underground coal mining, subparagraph 2 <br />21 that states, "Each permit issued under this article <br />22 and relating to underground coal mining shall <br />23 require the operator to A(1) adopt measures <br />24 consistent with known technology in order to <br />25 prevent subsidence causing material damage to the <br />