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cC,, ?-' ~t:S '. 9-2.9- 1 8 3~%5! UtK;LP~Il??I;,12141JQ~~73~)SSJz;~ 2/ 4 ' <br />III IIIIIIIIIIIIIIII <br />sss <br />"~E~EIVED <br />BEFORE THE ) P1AR 2 ~ Z~Qj <br />Notice of Violation ~msionotMinp,~siG~OlOQy <br />MINED LAND RECLAMATION BOARD ) <br />STATE OF COLORADO ) No. CV-2000-009 <br />.. :~ <br />ADDITIONAL AUTHORITY IN SUPPORT OF <br />MOTION OF BASiN RESOURCES, INC. _ <br />TO HAVE NOTICE OF VIOLATION ADJUDICATED - <br />OR, ALTERNATIVELY, VACATED WITIi PREJUDICE <br />Basin Resources, Inc has flcd with thc Mincd Land Reclamation Board (the Board) a <br />Motion to Have Notice of Violation Adjudicated or, Alternatively, Vacated with Prejudice. (the s <br />' t <br />Motion). The Tatums and the Division have filed replies, and Basin will address the issues ,. j <br />:.-~ <br />raised in the replies at the hearing on the Motion on March 21, 2001. :~t'rg <br />Basin Resources participated in a conference call with the attorney for the Board and the ~~ _~ ~ 1 <br />~` .. ;c <br />parties to this proceedutg which raised the question of whether the Division has jurisdiction to .'•-~rr <br />~~f <br />vacate an NOV once an operator files a request for the Board to review the NOV. Basin <br />Resources has had the chance to review the Colorado Surface Coal Mining Acclamation Act, <br />'. 4 ~ <br />Colo. Rev. Stat. § 3433-1()l, et sea.. (the Coal Act), as well as the Statc Administrative ;=~( <br />'F A.y <br />Procedure Act, Colo. Rev. Stat. § 244-101, et sea. (the APA), and the Regulations of the ° • a•Y•.I'_ <br />,U • <br />Colorado Mined Land Reclamation Board for Coal Mining, 2 Colo. Code Reg. 407-2 (the Coal "` '~~ <br />Regulations). These resources provide little guidance for answering the question of continuing ~ ,'' <br />• e:: <br />+:• <br />jurisdiction over a NOV. The best reading of these laws, however, is that it is the Board drat has <br />authority to vacate an NOV under the facts presented hcrc, and not the Division. <br />:.x <br />i'~~s. <br />DGSWJ615G8_I.DOC <br />N7N7001 Y:1=AM YY lig. <br />w <br />