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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF BASIN RESOURCES, INC.'S PETITION FOR REVIEW OF <br />PROPOSED CIVIL PENALTY, FILE NUMBER C-2007-001 <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Boazd") on May <br />16, 2007, in Denver, Colorado for a hearing to consider a petition filed by Basin Resources, <br />Inc. ("Basin") for review of proposed civil penalties assessed against Basin by the Division <br />of Reclamation, Mining and Safety ("Division"). The file number in this matter is C-2007- <br />001. Scot Anderson and Tom Durham appeazed on behalf of Basin. Jim and Ann Tatum <br />("Tatums") appeared as interested parties. David Berry and Cheryl Linden appeazed on <br />behalf of the Division of Reclamation, Mining and Safety ("Division"). <br />The Board, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following fmdings of fact, conclusions of <br />law and order: <br />Basin operated an underground coal mine on 1,146 acres located in Section 29, Township <br />33 South, Range 67 West, 6`h Prime Meridian in Las Animas County, Colorado. The <br />underground coal mine is referred to as the Golden Eagle Mine site. The Tatums own <br />approximately 153 surface acres in the vicinity of the Basin mining operations. <br />The Board has jurisdiction over this matter pursuant to Sections 34-33-126 of the Colorado <br />Surface Coal Mining Reclamation Aci, Section 34-33-101 et seq. C.R.S. (2006) ("Act") <br />and Rule 1.02 of the Regulations of the Colorado Mined Land Reclamation Boazd for Coal <br />Mining, 2 CCR 407-2 et seq. ("Coal Regulations"). <br />Basin Civil Penalty Appeal, C-1981-013 <br />