ENFORCE34954 - Laserfiche WebLink

Home Browse Search

SL7VT BY~DGS ; 3-13- 1 ; 8~40AM DFKALB~11441312140007303832;# Basin Resources has received a letter from the Division indicating that it has decided to vacate the NOV, based on the Tatums' request. A copy of the Division's letter is attached. Basin Resources requests that the Board direct the Division to reinstate the NOV and allow the , adjudication of the NOV before the Boazd on March 22, 2001. Vacating the NOV without ~+x prejudice is contrary to both law and public policy. Alternatively, Basin Resources requests that the Board find that the Division can vacate the NOV only for good cause, and that a finding of ~r good cause necessarily entails a finding that no violation ofthe Colorado coal program exists. in those circumstances, the NOV must then be vacated with nreiudiee. •s ~~ Due to the unusual procedural posture of this matter, Basin Resources hereby requests ~ ' ` s' , review of the Divisions decision to vacate the NOV. Basin Resources makes this request pursuant to the Board's continuing jurisdiction over this matter. Alternatively, Baein Resources ,; • .. requests that the Board review this decision pursuant to Colo. Rev. Star. § 34-33-124(1)(a), as ~ #)`,ft ~~ ~ Basin Resources is a person adversely affected by vacation of an NOV. The Colorado Coal Program Regulations ;, Do Not Allow An NOV to be Vacated , Solely iJnon Withdrawal of a Citizen's Complaint. The Regulations of the Colorado Mined Land Reclamation Board for Coal Mining (Coal Regulations) allow the Division to vacate an NOV for "good cause." Coal Regulations i. § 5.03.2(5)(b). Withdrawal of a citizen's complaint, without more, is not "good cause." The . ~ ~_.,, ~*' Tatums have not nbandoned their claim that their house has been damaged by coal mine ' subsidence after 1997. The cracks in the walls that they complain of are still present. The z' :~ •x? ~_ Tatums are simply engaged in forum shopping. ' ' The Tatums do not have the power to control whether the Division issues or vacates an NOV. Their citizen's complaint required the Division to conduct an inspection. Coal r~ .: ~: -2- s ; ~.