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should be no bond increase. Further, a bond increase is not required because Basin has ageed to <br />repair the Tatum residence, which is all that is required to abate the NOV. <br />For reasons set forth in Beater detail below, therefore, Basin respectfully requests that <br />the Boazd vacate NOV No. CV-2007-001 and reject the proposed increase to the bond for permit <br />No. C-1981-013. <br />The Tatums Cannot Revive Their Settled Prior Enforcement Action By <br />Filing A New Enforcement Action To Collect Their Civil Judt=.ment. <br />In 2000, the Division, as a result of a citizen's complaint from the Tatums, issued NOV <br />No. CV-2000-009, alleging that coal mine subsidence has affected the Tatum residence. The <br />Division alleged a violation of Section 33-34-121 of the Colorado Surface Coal Mining <br />Reclamation Act, Colo. Rev. Stat. § 33-34-101 et seg• (the "Coal Act's and the Division's <br />regulations at 2 Colo. Code Reg. 407-2, § 4.20.3(2)(b): <br />If material damage results from subsidence ... to any occupied residential <br />dwelling... the operator of the undergound coal mining operations shall either: <br />(A) Promptly repair the damage by rehabilitating, restoring, or replacing <br />the damaged occupied residential dwelling; or <br />(B) Compensate the owner of the damaged occupied residential dwelling <br />in the full amount of diminution in value resulting from the subsidence. <br />Colo. Rev. Stat. § 33-34-121(2)(a)(II). <br />The Tatums decided, however, that they did not want to have this Boazd determine <br />whether coal mine subsidence had affected their residence. Over the objection of Basin, the <br />Tatums withdrew their citizen's complaint and asked to have the NOV vacated. Indeed, the <br />Division's Vacation of Notice of Violation specifically states, "The Tatums have chosen to <br />pursue their claims against Basin Resources, Inc. through judicial process." See Vacation of <br />-3- <br />