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BEFORE THE MINED LAND RECLAMATION BOARD
<br />STATE OF COLORADO
<br />IN THE MATTER OF BASIN RESOURCES, INC., NOTICE OF VIOLATION NO. CV-2000-
<br />009, RECONSIDERATION OF THE BOARD'S APRIL 10, 2001, ORDER ON REMAND
<br />FROM THE DISTRICT COURT, LAS ANIMAS COUNTY
<br />This matter came before the Boazd on May 23, 2001, for reconsideration of its order in this
<br />matter issued April 10, 2001, on remand from the District Court, Las Animas County, Colorado.
<br />At the hearing, Basin Resources, Inc., was represented by Scot Anderson, the Division of
<br />Minerals and Geology was represented by Steven Brown, and Jim and Ann Tatum were
<br />represented by Walton Morris (attending via teleconference). Afrer hearing the presentations by
<br />the parties, and being fully informed of the premises herein, the Board enters the following
<br />Findings of Fact, Conclusions of Law, and Order in this matter:
<br />FINDINGS OF FACT AND CONCLUSIONS OF LAW
<br />Following a hearing on Mazch 21, 2001, the Board issued an order in this matter on April
<br />10, 2001, entitled FINAL BOARD ORDER IN THE MATTER OF THE BOARD'S
<br />CONSIDERATION OF AN OBJECTION TO THE WITHDRAWAL OF THE
<br />HEARING ON NOTICE OF VIOLATION NO. CV-2000-009 ("April Order").
<br />In the April Order, the Board explicitly concluded, based on its interpretation of the
<br />relevant portions of the Colorado Surface Coal Mining Reclamation Act, §§ 34-33-101 to
<br />137, C.R.S. ("Coal Act"), that the Division did not have the unilateral authority to vacate
<br />Notice of Violation No. CV-2000-009 ("NOV") without prejudice afrer Basin Resources,
<br />Inc., had requested a hearing on the NOV.
<br />3. While the Boazd did not make specific fmdings of fact or conclusions of law on the
<br />matter in the April Order, the Board implicitly granted Basin Resources, Inc., standing to
<br />challenge the vacation of the NOV in the Mazch 21, 2001, hearing.
<br />4. On or about April 10, 2001, the Tatums appealed the April Order by filing a petition and
<br />complaint for judicial review in the District Court, Las Animas Counry ("District Court").
<br />In their petition for judicial review, the Tatums alleged, in part, that the April Order was
<br />incorrect in its conclusions regarding the Division's authority to vacate an NOV without
<br />prejudice and the standing of Basin Resources to challenge the vacation of the NOV.
<br />On the same day the Tatums filed their petition forjudicial review, they also petitioned
<br />the District Court for an order granting the Tatums temporary relief from the April Order
<br />pending the resolution of theirjudicial review case. In their request for temporary relief,
<br />the Tatums asserted that they had a substantial likelihood of prevailing on the merits of
<br />theirjudicial review case.
<br />6. On April 23, 2001, the District Court held a hearing to consider the oral azguments of the
<br />parties on the request for temporary relief. At the conclusion of the hearing, the District
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