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IV. ENFORCEMENT ACTIONS <br />The following identifies enforcement actions taken during this inspection, the required <br />abatement and date of abatement for the violation, previous violations still requiring abatement <br />and the termination of violations cited during previous inspections. <br />Notice of Violation CV-2000-09 was issued on November 1. 2000 for failure to prevent <br />adverse effects of mining operations; failure to conduct underground mining activities <br />to prevent subsidence from causing material damage to the surface. to the extent <br />technologically and economically feasible, so as to maintain the value and reasonable <br />foreseeable use of surface lands. The violation specifically addresses damage to the <br />Tatum ranch residence water line, the pasture, and the structural damage and cracking <br />which has occurred since the IBLA ruling of July 26. 2000. Abatement is set for no <br />later than December 31, 2000 and includes repair, rehabilitation, restoration, or <br />replacement of damaged dwellings and related structures or, compensation in the full <br />amount of the diminution of value resulting from the subsidence. An extension for <br />abatement of this NOV was issued by the Division on December 28. 2000. The extension <br />was granted until January 29, 2001. A second extension has been granted until March 31, <br />2001 to accommodate the MLRB Board hearing. An Assessment Conference concerning the NOV <br />was held at the Division offices on January 9, 2001. A civil penalty has been assessed <br />in the amount of 52,000.00. Subsequently, the Tatum's withdrew their c:itizen's <br />complaint and the NOV was vacated by the Division. The operator. Basin Resources <br />objected to the vacation of the NOV. Aboard hearing before the MLRB was held on March <br />21, 2001 concerning the vacation of the NOV. The MLRB voted 5 2 to hear the operators <br />arguments pertaining to the NOV at the April MLRB board meeting. <br />No other enforcement actions are pending and none were taken. <br />Nothing warranting on-the-ground inspection was noted as a result of this inspection. No <br />enforcement actions were taken. <br />NOTE: Attach appropriate VIOLATIONS or CESSATION ORDER CODING FORMS <br />Revl sed 2/97 Page 5 <br />m \coal \sherp\forms\8101 <br />