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' •, 1 • , III IIIIIIIII IIII III <br /> <br />BEFURE THL MINED LAND RECLAMATTON Bt7AR1~ <br />5'I'A'1'E UP' COLORADO <br />Vacation of Former Notice of Violation No. CV-2000-009 <br />THE TATUMS' MEMORANDUM ON THE BOARD'S LACK OF .TURISDICTION <br />TO DECIDE THE MERITS OF BASIN'S MOTION TO ADJUDICATE <br />FORMER NO'I'1C;E OF VIOLATION NO. CV-2000-009 <br />Jim and Ann Tatttm (`the Tatums"), who moved io intervene in former proceedings that <br />Basin Resources, Inc. ("Basin")brought tochallenge formerNoticc of Violation No. CV-2000-009, <br />lile this memorandum to explain why this Board lacks jurisdiction to decide the merits of the <br />"Nation of Basin Resources, ino., to Hnve Notice of Violation Adjudicated ar, Alternatively, <br />Vacated with Prejudice" ("Basin's motion'). In moving tar leave to intervene for the limited <br />purpose of pointing out this Board's lack ofj urisdiclion to decide the merits of Basin's motion. and <br />in filing this memorandum, the Tatums do not elect ur otherwise consent to participate in any <br />disposition this Board may make of the merits of Basin's motian, nor do they elect or otherwise. <br />consent to participate in any subsequent proceedings this Boazd may order ur conduct on the subject <br />of whether coal mine subsidence has damaged their ranch at any time since December 1997. <br />1. <br />Basin's Motion Fails to State a Claim for Which This Board Ma~• Grant Relief <br />Basin's motion asks this Boazd to adjudicate a notice of violation which no longer exists. <br />Utt March 12, 2001, DMG vacated former Notice of Violation No. CV-2000-009 without prejudice <br />and gFUnted Ann Tatum's request to withdraw her citizen complaint on similar terms. DMG also <br />withdrew the matter from this Boazd's March 21-22, 2001, agenda and cancelled the previously <br />scheduledpre-liearingcouferettcc. AcupyufDMG'sletterinformingBasinandtheTattunsufthese <br />