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S[IVT 6Y;DGS 3-13- 1 : 8~40.4M : DFJ(ALB~11441312140007303832:# <br /> <br />BEFORE THE ) .. '' <br />Notice of Violarion - ~ <br />M1NED LAND RECLAMATION BOARD ) <br />STATE OF COLORADO ) No. CV-2000-009 <br />) <br />.r"c <br />MOT10N OF BASIN RESOURCES, INC, <br />TO HAVE NOTICE OF VIOLATION ADJUDICATED <br />OR, ALTERNATIVELY, VACATED WITH PREJUDICE '" <br />ti.. <br />s- <br />Iim and Ann Tatum (the Tatums) are patties to the review by the Mined Land <br />Reclamation Board (the Board) of the above-referenced Notice of Violation (NOV). The `~ <br />Colorado Division of Minerals and Geology (Divisior) issued the NOV aRc-r conducting an 2~'. <br />inspection of the Tatum residence in response to a ten day notice issued by the United States .-- <br />Y C <br />Office of Surface Mining (OSM) and to a related citizen's complaint brought by the Talums. ~ ~? <br />d, <br />The Division issued the NOV because it found that the Tatum house had been damaged, and that ,,~.: <br />the damages had occurred since 1997. ~•' <br />The Tatums, through their attorney, recently sent a letter to the Division asking that the <br />Division vacate the NOV without prejudice. The Tatums also offered to withdraw their citizen's <br />complaint if the Division was willing to accommodate their request. A copy of the Tatums' <br />letter is attached. ;; <br />The Talums ask that the Division vacate the NOV not on its merits, but rather to allow <br />the Tatums to pursue their claims in state court rather than before the Board. By asking that the <br />, <br />,. <br />NOV be dismissed without prejudice, the Tatums can keep their options open. If they ere <br />dissatisfied with their results in state wurt (as, it appears, they arc with the Hoard's review ofthe <br />NOV), they can lodge another citizen's complaint and reinstate the NOV process. ( <br />mq~rNgiz~a,~M r <br />