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~, <br />~~ ~ III IIIIIIIIIIIII III <br />BEFORE THE <br />Notice of Violation <br />MINED LAND RECLAMATION BOARD ) -1~`°~J\ <br />STATE OF COLORADO ) No. CV-2000-009 <br />PREHEARING BRIEF OF BASIN RESOURCES, INC. <br />Basin Resources, Inc. (Basin) contests the Notice of Violation No. CV-2000-009 (the <br />NOV). The NOV results from a citizens complaint brought by Jim and Ann Tatum, and a related <br />ten-day notice issued by The United States Office of Surface Mining Reclamation and <br />Enforcement (OSM). The Colorado Division of Mineral and Geology (Division) conducted an <br />inspection of the Tatum property on October 25, 2000, and issued the NOV as a result. Basin <br />promptly filed its request for the Boazd to review the NOV. <br />A. The Preponderance of the Evidence Will Not Show that Subsidence From <br />The Golden Eagle Mine Caused Damage to The Tatum House After 1997. <br />The fundamental premise underlying the NOV is that subsidence from Basin's Golden <br />Eagle Mine caused damage to the Tatum property after 1997. Basin will provide evidence at the <br />hearing on this matter that will establish (])that subsidence at the Golden Eagle Mine (if any) <br />has not affected the Tatum house after 1997; and (2) that conditions at the house are sufficient <br />explanation for the cracking that has occurred there. <br />Basin will no[ argue those facts in this Prehearing Brief, as such evidence must await <br />presentation at the hearing. Basin does, however, wish to make it cleaz that it is the Division and <br />the Tatums that must establish the fact of violation -that is, they must prove causation in this <br />instance. See, e.g, National Minine. Assn v. Babbitt, 172 F.3d 906, 913 (D.C. Cir. 1999) <br />a367242v2 <br />April 19, 2001 06~IJpm <br />