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49 <br />1 wrote the notice of violation. <br />2 The citizen does not control whether or <br />3 not the division writes a notice of violation. <br />4 This citizen calls for an inspection, and then it's <br />5 the division that decides whether or not to write <br />6 the notice of violation. <br />7 So the issue -- the mere withdrawal of <br />8 the citizen's complaint, that should noC be a <br />9 sufficient basis to withdraw this notice of <br />10 violation. The division has to make some <br />11 independent finding. <br />12 Right now the Tatums' house still has <br />13 cracks in it. They continue to allege that mining <br />14 from the Golden Eagle Mine caused those cracks. <br />15 They stated their express intent to go ahead and <br />16 file a lawsuit to pursue those claims, and it is <br />17 absolutely true that given the way the statute is <br />18 structured, they have the ability to pursue <br />19 enforcement action through the division process and <br />20 their court action simultaneously. <br />2i Zndeed that's exactly what happened when <br />22 they made their initial allegations back in 1991. <br />23 They brought a civil action down in Las Animas <br />24 District Court to try and get mcney damages for <br />25 that. At the same time pursued administrative <br />