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case, Basin paid the damages awazded to the Plaintiffs, and the Plaintiffs repaired their house Soli[ario. adjacent to the Golden Eagle Mine. On October 16, 2000, the Plaintiffs sent a letter to the federal Office of Surface Mining (~`OSM") in Denver, Coloradot, alleging that coal mine-related subsidence had caused further damage to their home and property. On October 18, 2000, the OSM issued a Ten Day Notice letter to the Colorado Division of Minerals and Geology ("DIvfG" or "Division"), stating that "[t]he allegation in the [Plaintiffs] complaint gives OSM a reason to believe that if true, the allegation constitutes a violation of the DMG's approved regulatory program ...." In response to the OSM's Ten Day Notice letter, the Division inspected the Plaintiffs' home and property on October 25, 2000. As a result of the inspection, the Division issued Notice of Violation No. CV-2000-009 on November 1, 2000 ("NOV"), to Basin.' The Division noted that the nature of the violation was failure to prevent adverse affects from mining, failure to conduct underground mining activities so as to prevent subsidence from causing material damage to the surface, to the extent technologically and economically feasible, so as to maintain the value and reasonably foreseeable use of surface lands. On November l 3, 2000, Basin requested a hearing before the Boazd on the merits of the NOV pursuant to § 34-33-124(1)(a), rRC On January 9, 2001, the Division held an assessment conference with Basin pursuant to § 34-33-] 23(8)(b), C.R.S., and assessed a civil penalty in the amount of 52,000.00. Basin ~ While [he State of Colorado has primacy in regula[ion and enforcement under the coal reclamation laws, a citizen may still initiate a complaint directly with the Office of Surface Mining. " The Court should note that the NOV only addresses damage to the Plaintiffs' propem that has occurred subsequent [o this Court's December 1, 1997, Order.