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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF BASIN RESOURCES, INC.'S PETITION FOR REVIEW OF A <br />NOTICE OF VIOLATION FOR FAILING TO COMPENSATE PROPERTY OWNERS <br />FOR DAMAGE CAUSED BY MINING-RELATED SUBSIDENCE, FILE NUMBER C- <br />2007-001 <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Boazd") on May <br />16, 2007, in Denver, Colorado for a hearing to consider a petition filed by Basin Resources, <br />Inc. ("Basin") for review of a Notice of Violation ("NOV") issued by the Division of <br />Reclamation, Mining and Safety ("Division"). The NOV was issued to Basin for failure to <br />compensate landowners for property damage caused bymining-related subsidence. The file <br />number in this matter is C-2007-001. Scot Anderson and Tom Durham appeazed on behalf <br />of Basin. Jim and Ann Tatum ("Tatums") appeazed as interested parties. David Berry and <br />Cheryl Linden appeared on behalf of the Division of Reclamation, Mining and Safety <br />("Division"). <br />The Board, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law and order: <br />Basin operated an underground coal mine on 1,146 acres located in Section 29, Township <br />33 South, Range 67 West, 6`h Prime Meridian in Las Animas County, Colorado. The <br />underground coal mine is referred to as the Golden Eagle Mine site. The Tatums own <br />approximately 153 surface acres in the vicinity of the Basin mining operations. <br />2. The Board has jurisdiction over this matter pursuant to Sections 34-33-124 of the Colorado <br />Surface Coal Mining Reclamation Act, Section 34-33-101 et seq. C.R.S. (2006) ("Act") <br />Basin NOV Appeal, C-1981-013 <br />