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<br />r~EGEIVE® <br />APR 2 3 2001 <br />BEFORE THE ) <br />MINED LAND RECLAMATION BOARD ) <br />STATE OF COLORADO ) <br />Divis~u~r o. Reclamation, <br />i6lming dnd Safety <br />Notice of Violation <br />No. CV-2007-001 <br />and <br />Proposal to Increase Bond <br />STATEMENT OF REASONS IN SUPPORT OF <br />PETITION FOR REVIEW <br />OF BASIN RESOURCES, INC. <br />FOR <br />NOTICE OF VIOLATION NO. CV-2007-001, <br />PROPOSED PENALTY ASSESSMENT, <br />OPPOSITION TO INCREASE IN BOND <br />AND MOTION TO CONSOLIDATE <br />Jim and Ann Tatum (the "Tatums") ask the Division of Reclamation, Mining and Safety <br />(the "Division") and the Mined Land Reclamation Board (the "Board") to step into a judicial <br />proceeding and create a method for them to recover a money judgment against Basin Resources, <br />Inc. ("Basin"). The Division has acquiesced by issuing Notice of Violation No. CV-2007-00] <br />(the "NOV") and issuing a proposal to increase the bond for permit NOC-1981-013 (the "Bond <br />Increase Proposal"). For the reasons set forth below, the Boazd should decline the invitation by <br />vacating the NOV and rejecting the Bond Increase Proposal. <br />The Tatums secured their money judgment from the Las Animas County District Court <br />for an alleged second subsidence event affecting their residence. The court judgment awards <br />money to the Tatums not just for the damage to their residence allegedly caused by this second <br />subsidence event, but for the entire value of all the improvements on their property. Their <br />property was valued as if it were only useable for pasture and irrigated farmland. The judgment <br />was upheld by the Colorado Court of Appeals, and the Colorado Supreme Court refused to <br />N774616.5 <br />0480/07 2:18 PM <br />