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ENFORCE36148
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ENFORCE36148
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Entry Properties
Last modified
8/24/2016 7:45:34 PM
Creation date
11/21/2007 2:56:52 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Date
4/23/2007
Doc Name
Statement of Reasons in Support of Petition For Review of Basin Resources
From
Davis Graham & Stubbs Inc
To
DRMS
Violation No.
CV2007001
Media Type
D
Archive
No
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review that decision. The Tatums have adequate remedies in the courts to collect their money <br />judgment, and they have not fully pursued those remedies yet. <br />To create additional leverage on Basin, however, the Tatums tendered a citizen's <br />complaint asking the Division to bring an enforcement proceeding based on their court judgment. <br />In eazlier proceedings before the Boazd, however, the Tatums demanded that the Division and <br />the Board to vacate an enforcement action based on this same subsidence event so they could <br />pursue their remedies in court. More significantly, the Tatums, the Boazd, the Division and <br />Basin signed a settlement agreement resolving any and all claims related to that prior <br />enforcement action. Thus, the Tatums, the Board, and the Division previously released Basin <br />from any potential administrative enforcement action relating to the original NOV concerning <br />alleged subsidence affecting the Tatum residence. <br />In addition, Basin has the right under Colorado's regulatory program to repair the Tatum <br />residence, rather than pay them the full diminution in value of their property. The repair would <br />abate the NOV, and would not negate the Tatums' money judgment or related court proceedings. <br />Basin has ageed to make those repairs, but the Division and the Tatums insist that the NOV can <br />be abated only by the payment of the court judgment. The Division's own regulations do not <br />support this position. <br />Finally, the Division (at the request of the Tatums) has proposed to increase Basin's bond <br />in an amount equal to the court judgment. The Tatums also seek to increase the bond to allow <br />them to collect interest on their judgment, and they are likely to seek a further increase to secure <br />any costs or attorneys fees ultimately awazded to them. The coal progam is not intended, <br />however, to provide security for judgment holders. Because the NOV should be vacated, there <br />-2- <br />
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