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at issue here. It is not the Division's function to collect upon judgments of the courts on behalf <br />of private citizens. Further, there is no indication in the statute or regulations that the Division <br />can collect money and turn it over the Tatums. In seeking to do so through the NOV, the <br />Division has overstepped the bounds of its statutory authority. <br />3. Basin Has the Right to Repair the Tatum Residence Rather than <br />Compensate Them for the Full Diminished Value of Their Property. <br />As noted above, the Coal Act and the Division's regulations allow an operator alleged to <br />have caused subsidence damage to a residence to either "promptly repair, rehabilitate, restore, or <br />replace damaged occupied residential dwellings ... or compensate the owner of the damaged <br />occupied residential dwelling and related structure ... in the full amount of the diminution of <br />value resulting from the subsidence." Colo. Rev. Stat. § 33-34-121(2)(a)(II); 2 Colo. Code Reg. <br />407-2, § 4.20.3(2)(b). The operator is given the option as to how best to remedy subsidence <br />damage to an occupied residential dwelling by either making repairs or paying diminished value. <br />Final Rule, Permanent Regulatory Program; Underground Mining Permit Application, <br />Requirements; Underground Mining Performance Standards, 60 Fed. Reg. 16722, 16733 <br />(Maz. 31, 1995). <br />In its new NOV, the Division ignores repair as an option for addressing subsidence <br />damage and instead treats the statute as if compensation were the only available remedy. See <br />NOV at 3 ("Steps Necessary to Abate Violation (Remedial Action): Provide damage related <br />compensation"). The Division's assertion in the NOV that the subsidence damage may only be <br />remedied through payment of compensation is contrary to the express language of the Act. To <br />the extent that the settlement agreement leaves any enforcement authority relating to subsidence <br />damage to the Tatum residence, Basin must be given the opportunity to repair the Tatum <br />residence as the means of abating this new NOV. <br />-6- <br />