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L.By~ ffORRIS LAW OFPZCEg ~~~~ ~89629328tt ; apr•z~-u> >>:c~~~wi may,. .., ,. <br />Based upon the Court's initial review of tha ndministrativc record and the ar~unrears of <br />counsel on the application for temporary relief the Court finds and concludes as follows: <br />1. Colo. Rev. Stet. ~ 34-33-128 provides this Cuutt with jurisdiction to renew a <br />derision conoetaing any order or decision of the Board under the Colorado Surface Coal Mining <br />Reclamation Act; not only a final order. Accorditttly, the Couri finds that it does have j urisdidion <br />to entcrtsin this proceeding. <br />2. Hascd on the parties' stipulation, {a) all parties to this proceeding have been notified <br />and gives, as opportunity to be heard on the Tatum,; request For temporary relief and {b) the <br />temporary relief tltat thc'faiums request will not adversely at~eot the public health or safety or cause <br />si~ificant imminent environmental harm to land, air, or water resources. <br />3. Based on the arguments of counsel, it appears that the Board order al issue in this cast <br />finds thaz I3iasia would be adversely affected by DMCi s vacation of Notice of Violation No. CV- <br />2000.009 despite the apparent lack of substantisl evidence in the administrative record to support <br />that finding. <br />4. The Boazd order at issue also appeazs to cotrclude that the action of t)MCi, in vactrting <br />its own an&rrcemettt order, was without any authority. <br />S. The Cotm Finds that the Tatums have shown that there is a substantial likelihood that <br />they will prevail on the merits of the final determination of the proceeding as to those issues. <br />6. The Court further finds that 6y being required to proceed forward to he'sring, the <br />Taturbs would suffer irreparable injury, <br />Aceordutgly, it is ORDERED that the Tatums application for temporary relief From the <br />`Final Boazd Order in the Halter ol'the Board's Consideration of sn Objection to the Withdrawal <br />-Z- <br />SO'd OO~OI i0, SZ ~dti 8S5£998i0c:xed <br />