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„ , <br />agency had assessed against Basin and removes a potential blot on the company's history of <br />violatinns. To the extent that Basin has expended resources to dale in challen ~' ~ formcr Notice of <br />Violation No. C:V-2000-009, it has sucr:eeded in avoiding DMG's enforcement action and thus has <br />no reason to complain. Moreover, Basin will certainly use all of work its experts performed in <br />defending against rite citizen suit the Tatwtts will soon Cale in court. Basin's claims of harm are <br />completely false. <br />'fhe Tatums reiterate that proceedings on former N Dries of V iulation N o. CV -2000-OU9 itself <br />terminutedonMttrch12,2001,whcnDMGvacatedthatenforcementaction. TheTatttmshaveaskcd <br />to intervene in proceedings on Basin's current motion for the limited purpose of pointing out the <br />Board's ]auk of j urisdiction to decide the merits of that motion. if this Board wore to enter an order <br />setting aside DMG's decision and either (1) resurrecting former Notice of Violation No. CV-2000- <br />UU9 or (Z) ordering DMG to issue a new notice, the Tatums would cvaluzie whether participating <br />in Aasitt's resumed challeirge to that action would advrutce their interests. Lt is likelg~ that the Tatums <br />will decide not to attempt to intervene of otheru7se become parties to those new proceedings. As <br />'t'his is especially true of Basin's allegation that the Tatums' asked DMG to vacate <br />formcr Notice of Violation No. CV-2000-009 without prejudice in order to reserve the right to Yilc <br />a new citizen complaint should they lose their intended citizen suit against Basin in court. in a letter <br />to Aasin urging withdrawal of the motion now before this Board, the 'Tatums have specifically <br />disavowed any such intention and offered to execute whatever reasonable assurance Basin might <br />require to ensure that a loss by the lattrms in coati will end the current matter. The Tatums <br />requested DMG to vacate " tvithou[ prejudice" primarily to preserve their right to file a new ciiizcn <br />complaint and obtain a new' notice of violation in rite event that they win itt wort and then need to <br />resort to administrative procedtues to help collect the judgment they ohtain. Although the Tatums <br />think it unlikely that Basin w711 refuse to pay any judgment they ohtain, they have acted appropriately <br />to preserve their right to administrative relief if Sasin in fact refuses to pay. The Tatums also <br />requested llM(i to vacate without prejudice in order to preserve the Tatums' right to fila future <br />citizen complaints should subsidence at Basin's mine continue to damage their property after they <br />obtain.judlmrent against Basin for the current damage. <br />~- <br />