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3. This matter concerns the Division's assessment of civil penalties and is one of three <br />sepazate Division actions taken conceming Basin. The other two actions, which aze <br />addressed in separate Boazd orders, concern the Division's request for an increase in <br />Basin's reclamation bond and the Division's issuance of a Notice of Violation ("NOV") to <br />Basin. All three actions arise from amining-related subsidence event that damaged <br />property owned by the Tatums. <br />4. Under the Act, any operator who violates any permit condition or any other part of the Act <br />maybe assessed a civil penalty by the Division. Section 34-33-123(8)(a), C.R.S. The <br />Division must notify the operator in writing of the proposed amount of the civil penalty <br />within thirty days after issuing an NOV. Section 34-33-123(8)(b), C.R.S. The operator <br />has ten days following receipt of the proposed penalty amount to request an assessment <br />conference to review all relevant information concerning the violation and the penalty. <br />Section 34-33-123(8)(b), C.R.S. <br />On February 15, 2007, the Division issued to Basin a Notice of Proposed Amount of Civil <br />Penalty/Request for Conference ("Notice")pursuant to Section 34-33-123(8)(b) of the Act. <br />The Notice referred to the NOV issued to Basin for failure to compensate the owners of a <br />damaged occupied residential dwelling in the full amount of the diminution of value <br />caused by mining-related subsidence.. The Notice informed Basin that they could request <br />an assessment conference, listed the factors considered in arriving at the $1,750.00 penalty <br />amount, and provided a narrative description of the penalty calculation. Basin did not <br />request an assessment conference, and the Division issued a Notice and Order to Pay Fixed <br />Penalty on Apri125, 2007 pursuant to Section 34-33-123(8)(d) of the Act. <br />Basin Civil Penalty Appeal, C-1981-013 <br />