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and Rule 1.02 of the Regulations of the Colorado Mined Land Reclamation Board for Coal <br />Mining, 2 CCR 407-2 et seq. {"Coal Regulations"). <br />This matter concerns the Division's issuance of a NOV and is one of three sepazate <br />Division actions taken concerning Basin. The other two actions, which are addressed in <br />sepazate Boazd orders, concern the Division's request for an increase in Basin's <br />reclamation bond and the Division's assessment of civil penalties against Basin. All three <br />actions arise from amining-related subsidence event that damaged property owned by the <br />Tatums. <br />4. Under the Act, the Division may issue an NOV when an authorized representative of the <br />Division determines that an operator is in violation of any requirement of the Act or a <br />permit term. Section 34-33-123(2), C.R.S. An operator issued a notice of violation may <br />seek review of the alleged violation by the Board. Section 34-33-124, C.R.S. <br />5. In response to a citizen complaint, the United States Department of the Interior, Office of <br />Surface Mining ("OSM") issued a "Ten Day Notice"' to the Division on February 6, 2007 <br />informing the Division that OSM believed Basin had violated State law by failing to <br />promptly repair, rehabilitate, replace, or compensate the owner of a damaged occupied <br />residential dwelling in the full amount of the diminution of value caused by subsidence. <br />The Ten Day Notice required the Division to respond within ten days by either issuing a <br />notice of violation or stating why no violation existed. <br />6. Responding to the Ten Day Notice, the Division issued an NOV to Basin dated February <br />15, 2007. The NOV alleged a violation of Section 34-33-121(2)(a)(II)(B) of the Act and <br />' Under a cooperative agreement with OSM, the Division has regulatory authority over coal mining in Colorado <br />provided Colorado's statutes and regulations comply with federal standards. See State-Federal Cooperative <br />Agreement, 30 C.F.R. Part 906.30. If a state fails to bring its regulations into compliance with federal guidelines, <br />OSM may resume control over all or a portion of a state program. <br />Basin NOV Appeal, C-1981-013 <br />