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ENFORCE34390
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ENFORCE34390
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Entry Properties
Last modified
8/24/2016 7:44:22 PM
Creation date
11/21/2007 2:09:53 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Name
CIVIL ACTION 01-CV-38
Violation No.
CV2000009
Media Type
D
Archive
No
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<br />Objection to the Withdrawal of the Hearing on Notice of Violation No. CV-2000-009." This title <br />at once recognizes Basin's objection as a separate "matter" and makes clear that the order itself <br />constitutes the Boazd's "final" resolution of that matter. <br />In addition, the record shows that the Tatums not only regarded the March 21, 2001, hearing <br />on Basin's objection as a separate administrative proceeding, but also raised the issue and won the <br />Board'sassenttnthcirpositiononthatquesti~n. TlteTatumsinsistedthattheBoardvot~onwhethcr <br />to grant their separate motion to intervene with respect to Basin's objection in order to establish the <br />separate character of that proceeding and thtu ensure that the Board's disposition of Basin's <br />objection would constitute "final agency action." After deliberating whether the Tatums' separate <br />motio:t to intervene was appmpriate, the Board voted to ~fiant the'1'atums' :notir.-. `^ a~: •- _• ` ~ "° <br />Boazd necessazily adopted the Tatums' position that the administrative proceedings on Basin's <br />objection to vacation of the NOV were separate and distinct from the earlier (and aow resurrected) <br />proceedings on Basin's challenge to issuance of the NOV in the fast place. The Auard's eventual <br />decision to reinstate the NOV attd to order a hearing on Basin's resun•ccted challenge umstituted <br />`'fnal agency action" on Basin's objection to DMG's decision to vacate the NOV. As such, the <br />Boazd's "Final Order" would be reviewable under § 24-4-106(2) if that statute were applicable <br />(which it plainly is not). <br />The Tatums' position on the separate nature ofproceedings nn Basin's objection to vacation <br />of the NOV, and the Board's acceptance of that position, comport with the Colorado statute that <br />authorizes administrative review of actions arising under the Colorado Surface Coal Mining <br />Reclamation Act. That statute, § 34-33-t24(1)(a), makes separate attd distinct provision fi,r <br />-9- <br />
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