ENFORCE28015 - Laserfiche WebLink

Home Browse Search

P4/10/2001 11:1 ,708247006 h10FFAT CTY SCHLS FCU .~ BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO PAGE 01 ill iiii~iiiuiii iii FINAL BOARD ORDER IN THE MATTER OF THE BOARD'S CONSIDERATION OF AN OBJECTION TO THE WITHDRAWAL OF THE HEARING ON NOTICE OF VIOLATION NO. CV-2000-009 This matter came before the Board on March 21, 2001, for consideration of an objection to the withdrawal of the hearing on Notice of Violation No. CV-2000-009. The parties were Basin Resources, Inc., represented by Scot Anderson, the Division of Minerals and Geology, represented by Steven Brown, and Tim and Ann Tatum, represented by Walton Mortis. After hearing the presernations by the parties, and being fully informed of the premises herein, the Board erners the following Findings of Fact, Conclusions of Law, and Order in this matter: FINDINGS OF FACT AND CONCLUSIONS OF LAW After receiving a Ten Day Notice Letter from the Federal Office of Surface Mining, the Division inspected the home and property of Jim and Ann Tatum on October 25, 2000. As a result of the inspection, the Division issued Notice of Violation CV-2000-009 on November 1, 2000 ("the NOV"), to Basin Resources, Inc. The Division noted that the nature of the violation was failure to prevent adverse affects fiom mining, failure to conduct underground mining activities so as to prevent subsidence from causing material damage to the surface, to the extent technologically and economically feasible, so as to maintain the value and reasonably forseeable use of surface lands. 2. On November 13, 2000, Basin Resources, Inc., requested a hearing before the Board on the merits of the NOV. On January 9, 200], the Division held an assessment conference with Basin Resources, Inc., and assessed a civil penalty in the amount of 32,000.00. Basin Resources, Inc., did not sign the civil penalty assessment Settlement Agreement within ten days of the Assessment Conference, and as a result the Division issued to Basin Resources a Notice and Order to Pay Fixed Penalty. 4. On March B, 2001, the Tatums withdrew their original complaint against Basin Resources, Inc., stating their interest in pursuing civil wort remedies. The Taturns requested that the NOV be vacated without prejudice. 5. On March 12, 2001, the Division responded to the Tatums' request by vacating the NOV without prejudice, and withdrawing the hearing on the NOV scheduled for March 22, 2001.