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40 <br />1 adamantly that the courts had already ruled that <br />2 similar damage was subsidence related. <br />3 Frankly, at that point we didn't feel <br />4 like we had much of a choice but to issue the <br />5 violation. Bottom line, though, is we were relying <br />6 on their statements. Those statements are now <br />7 being withdrawn from the record, as we see it. <br />8 They withdrew their complaint. <br />9 MR. MCCULLOH: So then there is no <br />10 violation? <br />11 MR. BERRY: In our opinion, this agency <br />12 has no violation to pursue. <br />13 MR. LONG: May I clarify that a little <br />14 bit also? This is Mike Long for the division. Zn <br />15 a situation where -- I mean one may ask that, okay, <br />16 you've got a citizen's complaint -- you may want to <br />17 even compare this to the minerals program or <br />18 whatever. <br />19 But you've got a citizen's complaint <br />20 where a citizen is alleging a violation out there. <br />21 We go out. We do an inspection. We write a <br />22 violation. In the minerals program the citizen may <br />23 not show up for the alleged violation, et cetera. <br />24 well, there's a couple of differences <br />25 here -- and just because a citizen doesn't show up, <br />