Laserfiche WebLink
iii iiiiiiiiniu iii <br />BEFORE THE ) U'acanon of vonca of Violation <br />MINED L.A.v~ RECLAMATION BOARD) ivo. CV-2G00-009 <br />STATE OF COLOP,ADO ) <br />RESPONSE OF DIVISIOtd OF MINERALS AND GEOLOGY TO MOTION OF <br />BASIL' RESOURCES TO HAVE NOTICE OF VIOLATION ADJUDICATED 012, <br />IN THE ALTER'vAT7ti-E, VACATED WITH PREJUDICE <br />The Division of Minerals and Geology, Coal OP:tee (DbiG), through its counsel, <br />rtsponds to BasL~ Resenrccs. )nc.'s (Bzsin)1:otion to ):Lvc Notice of Vioiation <br />Adjudicated or in ttte Altertanvc, Vacated with Prejudice (Motion), as follows: <br />FirY, without conducting a heatirtg regarding disputed facts, ties Board has no <br />jurisdiction to grant Basin's request (Motion at ?) that the lwiined Land Reclamation <br />Board (Board) change D?~SG's vacation of NOV CV 24G0009 without prejudice to a <br />vacation of the NOV vita prc}udice. Any actjor. in this regard by the Board would <br />violate ti7e Regulations of the Colorado Mined Land Rcclatnarion Board for Coal <br />'lining (Coal Rules) and the Colorado Surface Coal Mining Reciarnation Act (Act), <br />E; 3433-101, er seq. Rule S.G3.5(4) requires that the $oaxd conduct a hear>:tg based <br />on ary request from an operator or any other person regarding issuance, ssspension. <br />ar vacation of any notice of ~tielation (IvOb~ Issued by DMG. The 3oard cannot <br />issue a decision without conducting such a htaring. ys 34-33-124 (1)(al, C.RS. <br />Moreover, if the Board decides to heaz this motion at its ;.larch 21, 2061 <br />mcetin¢, and is the Board dec~dcs it has the authonry to requtrc DMG to reinstate the <br />1~OV and that such a reinstatemrnt is appropriate ¢ivrn rite ci cumstances of this <br />