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possible violation and afford the state ten days in which to take <br />"appropriate action" to cause the violation to be corrected or to <br />show "good cause" for failing to take such action. See <br />SMCRA § 521(a)(1), 30 U.S.C. § 1271(a)(1)', and 30 C.F.R. <br />§ 842.11. This process of allowing the state the first chance to <br />take action is commonly referred to as a "ten day notice" (TDN). <br />If the State does not take appropriate action or show good <br />cause within ten days, or, if the state simply fails to respond <br />within ten days, OSM may then order a Federal inspection of the <br />site in question. Id. If the Federal. inspection confirms that a <br />violation of the state program has occurred, then OSM must take <br />enforcement action against the coal mine operator. Enforcement <br />action includes issuing a notice of violation, a cessation order, <br />or both, to the coal mine operator. If the state takes <br />appropriate action or shows good cause in response to a ten day <br />notice, OSM enforcement jurisdiction does not arise and OSM is <br />estopped from taking any enforcement action against the operator <br />in question. <br />Appropriate action includes any action that will cause the <br />violation to be corrected, including a state-issued notice of <br />violation or cessation order. Good cause, on the other hand, is <br />a valid "excuse" for not taking appropriate action. Under the <br />Federal regulations at 30 C.F.R. § 842.11 (b)(1)(ii)(B)(4)(i) <br />through (v), a State may show good cause by showing that <br />17 <br />