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<br />DMG to vacateits enforcemcntsctions, subject to this Board's subsequcntreview ol'such decisions. <br />Read together in a manner that honors the intent of Congress and the Colorado legislature, the <br />statutes and regulations instruct this Board how to handle challenges lu "live" enforcement action <br />but allow DMG to terminals enforcement proceedings by vacating a particulaz notice of violation <br />ur ce+satiun order at any point before the Boazd completes its review. The Boazd's authority is then <br />restricted to adjudicating against DMG any appropriate challenge that a person who is or may be <br />adversely affected by the vacation of the notice of violation may elect to bring. See Section 34-33- <br />124(1)(a) of Colorado Revised Statutes ("any person having an interest which is or may be adversely <br />affected by ...any modification, vacation, or termination of such notice or order may request <br />review thereof by the board ...within ninety days after its modification, vacation, or termination"); <br />Section 5.03.5(1)(a) of the Regulations of the Colorado Mined Land Reclamation Board for Coal <br />Mining {same). <br />DMG has duly vacated former Notice of Violation No. CV-?000-009. ltt doing so, it <br />expressly terminated all prior proceedings to review that notice and thus terminated this Boazd's <br />jurisdiction of the "['atoms' interests. As a result, this Board no longer has authority under the <br />statutes ur regulations to giant the relief that Basin's motion requests, either by adjudicating Basin's <br />challenge to former Notice of Violation No. CV-2000-009, at least insofar as the Tatums' interests <br />are concerned, or by converting UMG's action into a vacation with prej udice that purports to bar the <br />Talums from exercising their right to file future citizen complaints on the matter or to insist that <br />DMG take appropriate action in response to any such complaint. <br />-3- <br />