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999 <br />BEFORE THE MINED LAND ) VACATION WITHOUT <br />PREJUDICE <br />RECLAMATION BOARD ) <br />NOTICE OF VIOLATION <br />IN RE BASIN RESOURCES, INC. ) CV. N0.2000-009 <br />DIVISION OF MINERALS AND GEOLOGY'S RESPONSE TO ISSUE <br />RAISED BY BOARD'S ATTORNEY REGARDING DMG'S AUTHORITY TO <br />VACATE A NOTICE OF VIOLATION WHEN OPERATOR HAS <br />REQUESTED A HEARING BEFORE THE BOARD <br />The Division of Minerals and Geology (DMG), through its counsel responds to an <br />issue raised by the Mined Land Reclamation Boazd's (Board) counsel in an informal <br />conference with counsel for all parties on March 15, 2001, as follows: <br />INTRODUCTION <br />On March 14, counsel for DMG received a telephone call from the Board's counsel <br />asking that he attend an informal conference with him and the other parties' counsel <br />to this case the following day, regarding a procedural issue he perceived. At the <br />informal conference the next day, the Board's counsel stated his view that DMG has <br />no authority to vacate a notice of violation under the coal program after the NOV has <br />been sent to the operator and after the operator has asked for a formal Board heanng <br />on the NOV under Rule 5.03.5(1)(a) of the Rules of the Colorado Mined Land <br />Reclamation Board for Coal Mining (Rules). The Board's counsel noted that the <br />NOV in this case was issued to Basin Resources, Inc. (Basin) on November 1, 2000, <br />and that Basin had formally requested a Board hearing on November 13, 2000. <br />According to the Boazd's counsel, once Basin asked for the Boazd hearing under Rule <br />5.03.5(1)(a), the matter was vested within the Board's jurisdiction, and DMG no <br />longer had the authority to vacate the NOV. As I understand the Board's attorney's <br />position, the only way an NOV can be vacated, with or without prejudice, once an <br />operator has asked for a Board hearing under Rule 5.03.5(1)(a), is for the Board to act <br />to vacate the NOV. According to the Board's attorney, his view is that though DMG <br />can request the Board to vacate after the request for a hearing by the operator, only <br />the Board can vacate the NOV-DMG has no further authority to unilaterally or by <br />agreement with the operator vacate an NOV. <br />