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-, <br />bond increase pursuant to Division Regulations found at 2 Colo. Code Reg. 407-2 <br />§§ 3.02.1 and 2.07.4(3). <br />4. The NOV, the related penalty, and the proposal to increase the bond for permit <br />No. C-1981-013 all stem from a claim by Jim and Ann Tatum that the Division <br />and the Board have jurisdiction to enforce a money judgment gained by the <br />Tatums in Las Animas County District Court. Because the NOV, the penalty, and <br />the bond increase stem from the same set of operative facts, Basin hereby moves <br />to consolidate the three matters pursuant to 2 Colo. Code Reg. 407-2 § 5.04.4(2). <br />The Board has scheduled a hearing on the bond increase for May 16, 2007. Basin <br />hereby requests that all three matters be considered by the Board at that hearing. <br />5. Basin has supplied a Statement of Reasons contemporaneously with this Request <br />for Review. As set forth in greater detail in the Statement of Reasons, the Board <br />must vacate the NOV because the Tatums, the Division, the Boazd and Basin <br />previously entered into a settlement agreement resolving all enforcement matters <br />in any way related to the subsidence allegedly affecting the Tatum residence. In <br />the alternative, Basin has the right under the regulations to repair the Tatum <br />residence, and indeed tendered an offer to make those repairs. Because Basin can <br />abate the Tatum residence through repairs, and because Basin is in fact ready, <br />willing and able to make those repairs, there is no basis for increasing the bond <br />for permit No. C-1981-013. Thus, as further set forth in the Statement of <br />Reasons, Basin asks that the Board vacate Notice of Violation No. CV-2007-001 <br />(the "NOV"), the related proposed penalty assessment for that NOV, and reject <br />the proposed increase the bond for Permit No. C-1981-013. <br />-2- <br />