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<br />BEFORE THE ) Vacation of Nonca of Violation <br />MWED L.AvT) RECLAMATION BOARD } No. CV-2DOD-009 <br />STATE OF COLO?,ADO } <br />RESPONSE OF DIVISION OF MINERALS AND GEOLOGY TO MOTION OP <br />BASI2.' RESOURCES TO HAVE NOTICE OF VIOLATION ADJUDICATED OR, <br />IN THE ALTER~iATIL-E, VACATED WITH PREJUDICE <br />The Division of Minerals and Geology, Coa] Ofsce (DMG}, through its counsel, <br />responds to Basin Resources. Inc.'s (Basin) ?Motion to Flsre Nonce of Violation <br />Adjudicated or in the Altcrnanve, Vacated with Prejudice (Motion), as follows: <br />First, without conducting a hearing regarding disputed facts. this Board has no <br />jtuisdiction to grant Basin's request (Motion at 3) that the Mined Land ]t~clarnation <br />Board (Board} change DMG's .•aeation of NOV CV 2000009 without prejudice to a <br />eaeation of the NOV wits prejudice. Any action in this regard by the Board would <br />vioiatc tite Regulations of the Colorado Mined Land Reclatnauon Boazd for Coal <br />dining (Coal Rules) and the Colorado Sttrfacc Coal Mining Reclamation Act (Act), <br />§ 34-33-101, et seq. Rule 5.03.5(4) requires that the Boazd conduce a heari-tg based <br />on ar_y request from an operator or any other person regarding issuance, suspension. <br />or vacation of any notice of viclation (NOV) Issued by DMG. The i3oard canto[ <br />issue a decision without conducting such a hearing. ~ 34-33-124 (1)(al, C.RS. <br />Moreover, if the Board decides to hear this motion at its .larch 21, 2001 <br />meeting, and is the Board decides it has the authority to require DMG to reinstate the <br />NOV and that such a reinstatement is appropriate given the ci:curttstanees of this <br />~ EXHIBIT <br />