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HEFOAE THE MII~ LA'N'D RECLAMATION HOARD <br />STATE OF COLORADO - <br />FINAL HOARD ORDER IN TEIE MATTER OF Tk>E BOARD'S CONSIDERATION OF AN <br />OBJBCTION TO TIC wITF1DRAWAL OF TIC HEARIN~C; ON NOTICE OF VIOLATION <br />NO. CV-2000-009 <br />This wetter arcs before the Board as March 21, 2001, for eonsidaxdon of as objection to the <br />wrid>draaral of the hesriag on Notice of Violation No, CV-2000-009. The parties wet~e Bann <br />iRsaouroe~, Inc., represented by Scot Aadereot~ the D[viaioa of IvfineraL and Gealog9, <br />repreaeotsd by Stsven Brown, aced Jiat end Ann Tatum represerted by Walton Morrie. ARer <br />hearing the presentations by the partieq, and beit~ fully informed of the premises hernia, the <br />Board elrters the fallowing Findings of Fact, Conclusions of Law, sad Oslo is shu matter: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1, ABer receiving a Tea Day Notice Leper 9rom the Federal Office of Surtaee Matiog, the <br />Division iaspated the borne sad property of ]'im sad Ana Tatum oa October 25, 2000. <br />A. s result of the inspection, the Division jawed Notice of Yolation CV-2000.409 on <br />November 1, 2000 ("the NOV"), to Basin Resources, Inc. The Division anted that the <br />aantre of the violatiaa wan failure to prevent advorse atFccta from mining, fai[ura to <br />conduct uadergrouad miairlg activities so ac to prevent subsidence from causing matetisl <br />clamsge to the surface, to the extort technalogieally and economically feasible, so a9 m <br />maartam the value sad reasonably foneeable use of surface intuit. <br />2. Oa November 13, 2000, Benin Resources, Inc., requested a bearing beforo the Hoard oa <br />the maha of the NOV. <br />3. Oa January 9, 2001, the Diviaioa held as assessment ooofereace with BaaiII Retourear, <br />Ins., and assessed a evil peaslty is the amouot of 52,000.00, Basin Resources, Inc., did <br />nor sign the civil penahy ssseaeraetrt Settktaeni Agreement within tar days ofthe <br />Assessmees Confereacc, and u a result the Division issued to Buia Resources a Notion <br />sad Ordor to Fay Fixed Peachy. <br />q. On March 8.2001. tfie Tatums withdrew their original complaint against Sasia <br />Reaottrees, Inc., ststirtg their interest in pursuing civil eouR remedies. The Tatums <br />requested that the NOV be vacated without prejudice. <br />5. On March 12, 2001, the Division responded tc the Tatume' mluest by vacating the NOV <br />without prejudice, and withdrnwiag the hewing oa the NOV scheduled fo: March Z2, <br />2001. <br />k ' <br />• EXHIBIT <br />~- <br />