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6. By letter dated Apri125, 2007, Basin sent to the Division a check in the amount of <br />$1,750.00 for deposit in escrow and notified the Division that Basin wished to contest the <br />amount of the penalty pursuant to Coal Regulation Rule 5.04.4(1). Basin also filed a <br />Petition for Review and Motion to Consolidate on Apri123, 2007. In an accompanying <br />Statement of Reasons for its position, Basin azgued that because the NOV was precluded <br />by a prior settlement agreement, the NOV and the resulting civil penalties should be <br />vacated. <br />7. The Tatums filed responsive pleadings to both the Petition for Review and the Statement <br />of Reasons filed by Basin.' In response to Basin's Petition for Review, the Tatums argued <br />that the abatement period for the NOV expired on May 15, 2007, and that none of the <br />reasons for granting extensions in the Coal Regulations applied. In response to Basin's <br />Statement of Reasons, the Tatums azgued that the settlement agreement did not baz claims, <br />including enforcement actions (such as NOVs), arising from their lawsuit for damages, and <br />that the Division was acting within its statutory and regulatory authority in taking the <br />actions it did. <br />8. The Division filed two briefs, one of which azgued in support of the NOV (the Division's <br />other brief addressed the bond increase only). The Division argued that the Boazd should <br />uphold its decision to issue the NOV because the settlement agreement entered into by the <br />parties preceded the court's ruling that the Division properly dismissed an eazlier NOV <br />related to subsidence. The earlier NOV had been dismissed without prejudice, which <br />meant that the Division reserved the right to pursue an enforcement action again. <br />' Under the Act, a person "having an interest which is or may be adversely affected by [a notice <br />of violation] ... or by any modification, vacation or termination of such notice ... may request <br />review thereof by the board within ninety days after the issuance of the notice ...." Section 34- <br />33-124(1)(x), C.R.S. <br />Basin Civil Penalty Appeal, C-1981-013 <br />