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1'1.+ ' n l V/ 1 1 .76/r?..J 1'141 PAGE Gl / <br />? 1 <br />BEFORE THE a LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />MNAL BOARD ORDER IN THE MATTER OF TBE BOARD'S CONSIDERATION OF AN <br />OBJECTION TO TBE WTPJIDRAWA.L OF TEE HEARING ON NOTICE OF V= A,TMN <br />NO. CV-2000.009 <br />This utter cww befbric the Board on March 21, 2001, for c amide room of an objection to the <br />withdrawal of the hearing on Notice of Violation No. CV•2000.009. The parties were Basin <br />Rasm=%, loo., mpresented by Soot Anderson, the Division of Minetab and Geadogy, <br />rspremnted by $W m Brown, sad Jug and Arun Tatum re;uesented by Walton Morris. After <br />hearing the prer,entations by the parties, and being fully infortned of the premises herein„ the <br />Board carters the following Findings ofFact, Conclusions of LAW, and Order in this mattes; <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1, After receiving a Teri Day Notice Letter from the Federal Office of Sur&ca Mining, the <br />Division inspected the home and property ofilm and Ann Tatum on October 25, 2000. <br />As a result ofthe inspection, the Division issued Notice of Vlolttion CV 20004009 an <br />November 3, 2000 ("the NOV*), to Basin Resources, lam, no Division noted that the <br />• w=e of the violation was failure to prevm adverse affccu from mining, failure to <br />conduct underground mining activities so as to pmvad subsidence from causing :material <br />daaaage to the sar&z, to the extent technologically and economically feasible, so as to <br />mainta the value and masonably forseeable use of surface lands. <br />2. On November 13, 2000, Baaiu Rea xnvcs, Inc., requested a being befbre the Hoard on <br />the merits of the NOV. <br />3. On January 9, 2001, the Division held an assessment conference with Basin Resources, <br />Inc., and atussed a civil penalty in the arnouint of 52,000.00. Basin Aesouromw IW., did <br />not sign the civil penalty assessment SeMle ent Agreemod within tca days ofthe <br />A3sesaaae01 Conference, and as a result the Division issued to Basin Resoureea a NotW$ <br />and Order to NY Fixed Penalty. <br />4. On March 8, 2001, the Tatums withdrew their original complaint against Basin <br />Resources, Inc., stating their interest in pursuing civil court remedies. The: Tatums <br />requeeted that the NOV be vaned without prejudice. <br />5. On March 12, 2001, the Division responded to the Tatums' request by vacating the NOV <br />without prgadice, and withdrawing the heating on the NOV scheduled fb.- March 2Z, <br />2001.