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BEFORE THE MINED LAND ) VACATION WITHOUT <br />PREJUDICE <br />RECLAMATION BOARD ) <br />NOTICE OF VIOLATION <br />IN RE BASIN RESOURCES, INC. ) CV. NO. 2000-009 <br />AFFIDAVIT OF DAVID BERRY <br />I, David Berry, provide the following statement, which is true and accurate to the best <br />of my ability <br />I am the Coal Program Supervisor, Division of Minerals and Geology (DMG). <br />have held this position for 2 yeazs. <br />2. Prior to my current position, I worked as an Environmental Protection Specialist in <br />the Coal Program for 13 years. <br />3. My duties as Coa] Program Supervisor include managing Environmental <br />Protection Specialists in the Coal Program and managing all aspects of the Colorado <br />Surface Coal Mining Reclamation Act (Act), § 34-33-101, et se ., C.R.S. and the <br />Rules of the Colorado Mined Land Reclamation Boazd for Coal Mining (Rules). <br />4. These duties include managing all aspects of coal permitting under the Act and the <br />Rules in Colorado and all aspects of enforcing such permits in Colorado. <br />5. In my capacity as Coal Program Supervisor, based on a citizen's complaint by Ms. <br />Ann Tatum regarding allegations of continuing subsidence-related damage at her <br />house, I inspected her house on October 31, 2000. <br />6. Based on my inspection, in which I observed what appeared to be continuing <br />subsidence-related cracks on both-.the interior and exterior walls of Ms. Tatum's <br />house, based on Ms. Tatum's statements that these cracks were evidence of new <br />damage and new subsidence from Basin's operations, and because of recent State <br />District Court and U.S. Department of the Interior Board of Land Appeals decisions <br />which found that the Basin's underground coal mining operations had subsided and <br />caused damage to Ms. Tatum's house, I issued Notice of Violation CV-2000-009 <br />against Basin Resources, Inc. on November I, 2001. <br />7. As provided in Rule 5.03.5(1)(a), Basin requested a hearing by the Mined Land <br />Reclamation Board (Boazd) on November 13, 2000 regarding the above-referenced <br />NOV. <br />