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03/16/2007 16:10 7198460159 <br />MAR/161200`1/PRI 12:06 PM <br /> <br />DOI OSN1 W& DENVE& <br />JIM TATLJM <br />FAX No, 303 644 1450 <br />PAGE 09 <br />P. 039 <br />ThC appitcable rules, therefore, ace quite clear, where a mice pcrtrsirtee has caused <br />subsidcaco damage to a residaziaisl dwelling, that permittee is in compliance with the rules if <br />ie has paid campensatinrl to the owner of the atyected dwelling equal to the dirssirrs>tlon in the <br />value of that dwellirsg. <br />Basin wss in Complete compiismce with this Wile at the the of the federal inspection, <br />and has been is catnnliaaace st ]east since it paid the trial court judgment an March 24, 1998. <br />'f he trial court fotmd taro relevant facts: that damage to the Tatum dwelling wes caused by <br />coal subsidence, and that tht: dimvtutivrs of date fair market value of the dwellimg, resulting <br />from the aced far past and future repairs, was $48,000. when Basin tendered and the Tatm>B <br />aeeeltmd the payment of this judgment, Basin cams; squarely widtin the test of coionpliaoce set <br />out at State Mule § 4.20.3(2)(b)(ii). <br /> <br />Batria hereby requests that DI'OV ldo. N00-14U»i ib-001 Ua vacata9, as there has been <br />no vioIstian of the Cnlot,ido program. <br />. REtZT1F,.9T FOR ~v't'rA3tY HF,~YG <br />>3as>JU hereby requests the opportunity for an evidentiary heating. <br />~- <br />