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actions and a copy of DMG's formal notice of vacation are attached to ~u Exhibits ]and 2 to this <br />tttcmorandum. As a result of DMG's action, this Boazd lacks jurisdiction to adjudicate former <br />Notice of Viola~on No. CV-2000-009, at least insofar as the Tatums' interests arc concerned. Fnr <br />similar reasons, the $oard also lacks jurisdiction to convert DMG's decision into a decision that <br />vacates former Notice of Violation No. CV-2000-009 with prejudice to the Tatums' interest in the <br />matter. !n sum, except fortheir objection to ll'iis Board's jurisdiction ofthe merits nfBasin's motion, <br />the Tatums intend to continue to rely upon UM(i's official notice that the agency has vacated former <br />Notice of Violation Nn. CV-2000-009 and removed Basin's challenge to that action from this <br />Boazd's docket. <br />The Colorado statutes and regulations that comprise the 5tate'sfederatly-approved program <br />for regulating surface coal mining operations, including the surface impacts of underground mining, <br />authorize DMCi to administer the prngratrt, subject to administrative review by this Board. <br />lnhcrcntly, if not explicitly, the power to administer the approved Slate program includes the power <br />to issue notices nt'vi~lati~n and the power to vacate such notices, except on the speciftc grounds <br />specified at Section 5.03.7 of the regulations. Both the statutes and regulations confirm DMG's <br />authority to vacate enforcement action by providing this Board with jurisdiction to adjudicate <br />challenges to the propriety of DMG's decisions in that regard. <br />Nowhere in the Colorado statutes or regulations is there an express or implied limitation nn <br />DMG's authority to vacate notices of violation while challenges to such notices are pending before <br />this Boazd (except on those grounds specified in Section 5.03.7 of the regulations). The provisions <br />of the statutes and regulations that direct this Board to conduct hearings and issue decisions on <br />challenges to notices of violation exist alongside statutory and regulatory provisions that authorize <br />-2- <br />