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SENT BY~OGS ~ 3-_'0- ' ~ u 3oaM uEK3ils•11~~i312140007303832:# 4/ 4 <br />:, <br />Coal Regulations § 5.01.3(1). It is the Board, however, that has the authority to hold public <br />hearings to allow operators and other parties to present information "concerning the issuance, <br />continuance, modification, vacation, or termination" ofNOVs. Coal Regulations § 5.01.3(2). <br />The Division and the Tatums will argue that the Division has authority to vacate an NOV. <br />The Division and the Tatum fail to recognize that this authority arises only in three <br />circumstances: prior to filing for Board review, after an assessment conference, and after an <br />informal public hearing. Even in the first of those circumstances, the Divisions decision is stuill <br />subject to subsequent Board review. <br />The Board has authority to decide whether to proceed with this matter. Basin Resources' <br />prior motion describes why the Boazd should proceed, and Basin Resources will address those <br />issues before the Board on March 21, 2001. <br />WHEREFORE, Basin Resources, Inc. respectfully requests that the Board adjudicate the <br />contest of Notice of Violation No. CV-2000-009 on March 22, 2001. <br />Respectfully Submitted, <br />DAV1S, GRAHAM 8t STUBBS LLP <br />~~ <br />By: (((yyy--~~~ <br />Scot W. Anderson <br />1550 Seventeenth Street, Suite 500 <br />Denver, Colorado 80202 <br />Telephone: (303) 892-9400 <br />Fax: (303) 893-1379 <br />ATTORNEY FOR BASIN RESOURCES, INC. <br />-3- <br />