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18 <br />1 vacating the notice of violation. I need to <br />2 explore whether they had an independent basis for <br />3 doing that or whether they allowed the citizens to <br />4 basically co-op their enforcement program. <br />5 I have about a dozen questions that are <br />6 designed to help me set the basis for that so I can <br />7 go forward, and I think the fundamental question is <br />8 whether or not there is a violation at this <br />9 property based on the facts that were disclosed. <br />10 As we discussed last time, facts have <br />11 not changed. We need to know whether the division <br />12 acted properly in taking the actions that it's <br />13 taking. <br />14 MR. BROWN: May I address the board? <br />15 MR. PAULIN: Yes. <br />16 MR. BROWN: The division set forth the <br />17 reasons for vacating the NOV in its vacation <br />18 notice, and those reasons were that the citizen who <br />19 had brought the complaint, which was a subsidence- <br />20 based, damage to private property complaint, was <br />21 asking the division to withdraw the NOV so that it <br />22 could pursue its court action, which is entirely <br />23 authorized in the Coal Act. <br />24 There -- in our -- the division's <br />25 vacation of the NOV the division noted that there <br />