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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 <br />abatement 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 <br />prevent adverse effects of mining operations; failure to conduct underground <br />mining activities to prevent subsidence from causing material damage to the <br />surface, to the extent technologically and economically feasible, so as to <br />maintain the value and reasonable foreseeable use of surface lands. The violation <br />specifically addresses damage to the Tatum ranch residence water line. the <br />pasture, and the structural damage and cracking which has occurred since the IBLA <br />ruling of July 26, 2000. Abatement is set for no later than December 31, 2000 and <br />includes repair, rehabilitation, restoration, or replacement of damaged dwellings <br />and related structures or, compensation in the full amount of the diminution of <br />value resulting from the subsidence. An extension for abatement of this NOV was <br />issued by the Division on December 28, 2000. The extension was granted until <br />January 29, 2001. A second extension has been granted until March 3]., 2001 to <br />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 <br />assessed in the amount of 82.000.00. Subsequently, the Tatum's withdrew their <br />citizen's complaint and the NOV was vacated by the Division. The operator, Basin <br />Resources objected to the vacation of the NOV. Aboard hearing before the MLRB <br />was held on March 21. 2001 concerning the vacation of the NOV. The MLRB voted 5-2 <br />to hear the operators arguments pertaining to the NOV at the April hILRB board <br />meeting. Due to a US District court injunction on April 26, the board hearing has <br />been postponed indefinitely. <br />No enforcement actions were taken during this complete inspection. <br />NOTE: Attach appropriate VIOLATIONS or CESSATION ORDER CODING FORMS <br />Revised 2/97 <br />:1coa 1\sharp~form518101 <br />5 <br />