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<br />,. <br />3. Former Notice of Violation No. CV-2000-009, the vacation ofwhich Basin altcmptc <br />to challenge before this Boazd, alleged that subsidence of Basin's nearby abandoned underground <br />mining workings caused additional damage to the Tatur+ts' adobe residence structure. <br />4. Basin filed a timely challenge to former Notice of Violation No. CV-2000-009 tmd <br />the Tatums subsequently filed an unopposed tnotion to intervene in proceedings nn Basin's <br />challengc. <br />5. At the Tatums' request, the Colorado Division of Minerals and Geology ("DMCi") <br />vacated Notice of Violation No. CV-2000-009 without prejudice on Much 12, 2001, prior to the <br />Board's hearing on Basin's challengc to issuant:e of that enforcement action. <br />6. At the same time DMG vacated former Notice of Violation No. CV-200D-(1(}9, the <br />agency gaoled Ami Tatum's request to withdraw the citizen complaint that prompted DMG to take <br />that enforcement action, and DMG also removed the matter from this Board's docket and cancelled <br />a previously scheduled pre-hearing conference. The Tatums construe DMG's action to have <br />terminated review of former Notice of Violation Nu. CV-2000-U09 and thus to have terminated the <br />1'antms' status as parties to any proceeding then pending before this Board. <br />7. Dasin subsequently filed the motion described at the outset of this pleading. <br />R. t7n March 16, 2001, an official of this Boazd informed the Tatums that the Board <br />would consider Basin's motion and any responses that DMG or the '] alums might submit. <br />9. The Tatums construe the Board's March ] 6, 2001, as an invitation to inurvene in the <br />proceeding the Board apparently intends to conduct in response to Basin's motion. To the extent that <br />the Tatuttts ittay accept the Board's invitation for the limited purpose of objecting to this Board's <br />jurisdiction to decide the merits of Basins motion, they wish to do so. Because the Tatums liavc <br />-2- <br />