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2007-05-10_ENFORCEMENT - C1981013
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2007-05-10_ENFORCEMENT - C1981013
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Last modified
8/24/2016 3:16:52 PM
Creation date
8/7/2009 3:58:43 PM
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Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Date
5/10/2007
Doc Name
DRMS Brief in Support of NOV CV2007001, Civil Penalty & Proposed Decision on SI
Violation No.
CV2007001
Media Type
D
Archive
No
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i <br />Based on the doctrine of issue preclusion, the Board should not now re- <br />litigate the above stated issues since they were fully and fairly litigated in <br />court. The only issue for this Board to determine is whether Basin <br />Resources has failed to compensate for the subsidence damage in violation <br />of its permit and the; Colorado Surface Coal Mining Reclamation Act ("Act" <br />or "Coal Act")-' <br />Since the judgment in the amount of $622,000 has been affirmed and can no <br />longer be contested,; Basin Resources has a present obligation to pay the <br />judgment amount under § 34-33-121 and 2 CCR 407-2, Rule 4.20.3. Upon <br />knowledge and belief, Basin Resources has not paid the judgment nor <br />otherwise compensated the Tatums for the subsidence damage. <br />Accordingly, Basin Resources is in violation of § 34-33-121 and 2 CCR <br />407-2, Rule 4.20.3, and the NOV and civil penalty of $1,750.00 were <br />properly issued. <br />This matter also comes before the Board for hearing on the Division's <br />proposed decision to require Basin Resources to increase its bond to cover <br />the $622,000 judgment. Basin Resources has filed an objection to the <br />proposed decision and has asked for a hearing on it. For the reasons stated <br />below, the Board should affirm the Division's proposed decision. <br />i <br />Ann Tatum also requested a hearing on the proposed decision based on her <br />argument that the increase should include pre and post judgment interest, <br />attorney fees and expert fees. For the reasons stated below, the Division <br />agrees with Ms. Tatum's position concerning pre judgment interest but <br />disagrees with her position on post judgment interest, attorney fees and <br />expert fees. <br />i <br />The history between Basin Resources and the Tatums is an extensive one. It <br />is necessary to set forth in detail that history in order to address the current <br />NOV, civil penalty and Proposed Decision for a Bond Increase, and to show <br />why the settlement agreement does not preclude the Division's actions. <br />Please note that material damage caused by subsidence forms the basis for both a civil action for damages <br />and a regulatory action for non compliance with permit and statutory requirements by mining operators. <br />See §§ 34-33-121 and 135(6)! C.R.S. <br />I <br />i <br />i <br />2
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