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-: <br />jurisdiction, and therefore the Plaintiffs' cannot show a substantial likelihood that they will <br />prevail on the merits in the final determination of this proceeding. <br />A. The Interlocutory Order of the Board is <br />Not Subject to Review by this Court <br />The State of Colorado Division of Minerals and Geology (the Division) issued a Notice <br />of Violation (NOV) to Basin Resources, Inc. as a result of a citizen's complaint filed by the <br />Plaintiffs. Basin Resources sought review of that NOV by the Board, as provided by the <br />Colorado Surface Coal Mining Reclamation Act, Colo. Rev. Stat. § 34-33-101, et seq. (the Coal <br />Act). The Plaintiffs elected to participate as parties in that proceeding. <br />In response to a request by the Plaintiffs, the Division vacated the NOV without <br />prejudice. Basin Resources asked the Board to rer•iew the decision of the Division to vacate the <br />NOV. By vacating the NOV without prejudice, the Division's decision lacked finality, and this <br />lack of finality adversely affected Basin Resources. Because the decision of the Division was not <br />based on good cause, Basin Resources faced a real risk of a new enforcement action brought by <br />the United States Office of Surface Mining Reclamation and Enforcement (OSM), as well as <br />future enforcement action by the Stale. Cf. 30 C.F.R. §§ 842.11, 843.12. Basin Resources was <br />also adversely affected because it was prepared to adjudicate the NOV, and would incur <br />additional time, expense and delay if forced to adjudicate the NOV or a related enforcement <br />action at some later date. <br />At the hearing on March 21, 2001, the Board granted Basin Resource's motion to have <br />the NOV reinstated and adjudicated. The Board rescheduled the hearing on the NOV for <br />April 25, 200]. On April 10, 200], the Board issued i[s written order reinstating the NOV and <br />-~- <br />