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C4 / 10~ 2001 ' 00::8 ' 7139957151 J hd TATUhf ASbp~ PAGE X79 <br />Division of Minerals and Geology ("DMC") lacked authority to vacate Notice of <br />Violation No. CV-2000-009. The same order rescheduled for April 25, 2001, an <br />administrative hearing on the challenge of Basin Resources, Inc. ("BASIN") to the <br />validity of Notice of Violation No. CV-2000-009. <br />3. Oa or about October 16, 2000, Ana Tattun transmitted to the .frrlrra! tl flirP of $i~rfare <br />Mining Reclamation and Enforcement ("OSM") a request for inspection of BASIN's <br />Guldctt Engle Miuc and fur issuattcc of appropriate citforcctnatt action in liglu of <br />BAS)N's failure either to repair or compensate the TATUMS for subsidence damage that <br />BASIN's operations had caused to an adobe residence house located on property the <br />TATUhIS own in Las Animas County, Colorado, known as "Solitario Ranch." <br />4. On or about October 18, 2000, pursuant io federal resulations, OSM notiFied DMC of <br />Ann Tatum's inspection and enforcement request. <br />5. On or about October 25, 2000, in response to Ann Tattun's inspection and rnforccment <br />request, DMG inspected the adobe residence house at Solitario Ranch and the land above <br />and adjacent to BASIN'.s ttndesgrnund mine workings. <br />6. Ou ur about Noveulbcr 1, 2000, as a result of conditions observed and information <br />gathered during the inspection just described, DMG issued Notice of violation Ne. CV- <br />2000-009 to BASIIV for failure either to repair subsidence damage to the adobe residetce <br />house or to compensate the TATUMS for ffie loss they consequently sltstained in the fair <br />market value of Solitario Ranch. <br />7. On or about November 13, 2000, BASIN commenced an administrative proceeding <br />pursuant to Colo. Rev. Star. § 34-33-124 fur review of Nuticc of V iulatiott No. CV-2000- <br />009before the BOARD. <br />8. On or ahrntt. Fehtvary l2, 2001, the TATUIVIS moved the BOARA to intervene as <br />additional parties defendant in the administrative proceeding just described. <br />9. On or about February 21, 2001, based on discovery of expert witness opinions that <br />BASIN proposed to introduce at the administrative heazing the BOARD had scheduled ttt <br />connection with review of Notice of Violation No. CV-2000-009, the TATUMS and <br />DING jointly moved the BOARD to prohibit BASIN from introducing any opinion <br />evidence that, contrary to the perthtent findings and rnnetttsinns stated in this Court's <br />December 1, 1997, judgment, advanced, implied, or stemmed from the conclusion that <br />Coal mine 5ubsidencc at rite Gvldett Eagle Mine did not damage the residence on Solitario <br />Ranch prior to 1997. <br />In. Ort or about March 8. 2001, the BOARD entered an order denying the joint ntotion to <br />prohibit introduction of BASIN's proposed opinion evidence conflicting with this Court's <br />prior fmdings and conclusions. <br />