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79 <br />1 determination tomorrow or next month or whatever <br />2 that there is no subsidence damage at this point. <br />3 Because subsidence is a continuing <br />4 condition and can cause continuing damage, the <br />5 Tatums always have that right to come back and say <br />6 we have continuing subsidence damage. We want to <br />7 file another citizen's complaint. By the board not <br />8 going forward, this doesn't preclude them from <br />9 doing that. <br />10 So Basin is not going to have any <br />11 finality from the withdrawal of this NOV -- from <br />12 vacation of this NOV. They're going to have these <br />13 issues anyway, and the Tatums said, Let's just go <br />14 straight to court and resolve it that way. <br />15 MR. MCCULLOH: Let me clarify one <br />16 thing. Chuck McCulloh. You do not have to write a <br />17 violation just because there's a citizen's <br />18 complaint. „ <br />19 MR. LONG: No. You don't have to just <br />20 because there's a citizen's complaint. You're <br />21 required to investigate it. <br />22 MR. MCCULLOH: Right. Right. Now, what <br />23 you said earlier about prior to the board hearing <br />24 you can vacate the NOV, is that prior to the <br />25 request, that's a gray area we're dealing with, or <br />