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a'+/i9i2~0'. '00:?2 ''[j9957191 .1IM TC.iUh1 A:~SG~~ FF.I;E '~1 <br />, <br />2. The BOARD is a state agency created by and operating pursuant to Colo. Rev. Stet. § 34_ <br />32-105. In excess of its own statutory authority, the BOARD issued an order on or about <br />March 2l, 2001, holding that UMG larked authority to vacate Notice of Violation No. <br />CV-2000-009. <br />3. DIvIG is a state agency also created by and operating pitrcuant to Cnln. Rev. Stet. § 34- <br />32-105. Pursuant to its express and implied statutory authority, and pursuaztt to inherent <br />authority, DAIG issued Notice of Vlutalion No. CV-2000-009 to BASIN at the rcGucst of <br />P.nrt Tatttm and subsequently vacated that action in aid of the TATUMS' eleeuo^ to <br />ptusue relief through the citizen suit currently pending in ttus (_'uttrt. <br />4. BASIN (either previously named "Wyoming Fuel Company" or the fully liable .successor <br />to that entity) is a Colorado domestic profit corporation that instituted the administrative <br />proceeding which resulted in the Boazd's Mazch 21, 2001, order. <br />5. Service of process may be had on the BOARD and DMG by delivering a copy thereof to <br />the principal officer, chief clerk, or other executive employee of each agency, bout of <br />which maintain their principal nfFce, at 1313 Sherman Street. Room 215, Denver, <br />Colorado 80203, and by delivering a copies on behalf of each agency to the attorney <br />general, ur arty eruployec ill his olYiee designated by trim to accept sm•ica of process. <br />The Otfice of the Colorado Attorney General is located at 1525 Sherman Street, Fifth <br />Floor, Deaver, Colorado 80203. <br />6. Sen•ice of process may be had on Defrndant BASIN by serving its registered agent, <br />Corporation Service Company, 156b Broadway, Denver, Colorado 80202. <br />7. The surface coal mining operation (spet:ifically, the srufar:e i,upacts incident to rho <br />undergound coal mina) at issue in the chal]rnged administrative adjudication is located <br />in Las Animas County, Colorado. Accordingly, this court has jurisdiction of rite <br />TATUMS' petition and rnmPlaint forjudicial review. Moreover, pursuant [o Colo. Rev. <br />Stet. § 4-33-128(1), this Court is the sole appropriate venue of this petition and <br />cutuplaiut. <br />Y'actual Allet?atlons <br />8. On December 1, 1997, following a six day trial in a civil action styled Jnmes (Jim) Tatum <br />and.fnn Tatum t~. Basin Resources. loc., No. 92-CV-1J;, this t'nttrt entered findings of <br />fact, conclusions of law, and a judgment in favor of the TATUMS against BASIN for, <br />among other things, dentage drat cual ~rtitte subsidence uutially caused to the adobe <br />residence house on Solitario Ranch, a tract of real estate that the TATUMS own in the <br />valley of the Purgatoire River neaz Weston, Las Animas County, Colorado. <br />9. Among other express findings and conclusions, this Court de[etTrtined that "[s]ubsidence <br />vas evident in various locations on the Tatum property ... [t)he Tatum residetce was <br />considerably damaged by subsidence, which was caused by the mining operation." <br />2 <br /> <br />