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evidence to the Board at the hearing on its motion substantiatin¢ its claim that the vacation of the <br />NOV created significant prejudice to Basin Resources, including the risk of future enforcement <br />action. Indeed, the Division, which opposed the motion, admitted in its brief that Basin <br />Resources faced potential injury if the Division issued another subsidence-related NOV in the <br />future. See Response of Division of Minerals and Geology to Motion of Basin Resources to have <br />the Notice of Violation Adjudicated or, in the Alternative, Vacated with Prejudice (attached as <br />Exhibit B). The record in this matter therefore supports Basin Resource's claim and the Boazd's <br />conclusion that Basin Resources is or may be adversely affected by the vacation of the NOV. <br />Thus the Board had jurisdiction over the motion of Basin Resources both under its <br />general jurisdiction to review Division actions relating to Notices of Violation, and under the <br />specific provisions of the Coal .4ct authorizing Basm Resources to seek review of the vacation of <br />an NOV. <br />2. The Board's Order is Consistent with Law. <br />The Plaintiffs assert that the Board's decision was "arbitrary, capricious, unsupported by <br />substantial evidence, and otherwise inconsistent with law in that, as a matter of law, DMG has <br />the inherent and statutorily-implied authority to vacate any notice of violation that the agency <br />issues, without consulting with or obtaining prior approval of the Board." Application at § 21. <br />An agency interpretation that is in conformity with the statute and reasonably supported by the <br />agency's reasoning and record is entitled to great deference. Kramer v. Department of Revenue, <br />964 P.2d 629, 631 (Colo. App. 1998). Indeed, agency action will be found to be arbitrary and <br />capricious only when a reasonable person would be compelled [o reach a different conclusion. <br />Wildwood Child and .Adult Care Proeram, ]nc. v. Colorado Department of Public Health and <br />-~- <br />