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IV. En torcement Actions The following identifies enforcement actions taken during this inspection, the required abatement and date of abatement for the violation, previous violations still requiring abatement and the termination of violations cited during previous inspections. Notice of Violation (NOV) C-93-112 was issued for failure to properly notify surface land owners above underground workings and adjacent areas (4.20.2(1-3)). The operator did notify Grand Mesa Properties in a letter dated December 13, 1984, who at that time owned three-quarters of Section 20. (Larry Mautz is now the property owner). However, the letter provided to Grand Mesa stated that mining was to begin February 1, 1985; providing only three months notification. The regulations require notification at least six months prior to mining. The letter did specify the areas in which mining would take place, but neglected information regarding the dates of mining activities that could cause subsidence and affect specific structures and the measures that would be taken to prevent or control adverse surface effects. An additional landowner, the US Forest Service, was not provided any notification pursuant to the above referenced regulation. In order to abate the violation, the company is required to prepare and send a letter to all affected landowners who were not properly notified pursuant to Rule 4.20.2(1-3). Sufficient proof that the letter was received by the landowners should be provided to the Division. The Division would suggest that MCC submit the letter to the Division for review, prior to sending it to the landowners. NOV C-93-113 was issued for failure to submit proper permitting documents prior to relocating topsoil piles. There were two topsoil piles located on either side of the Sylvester Gulch road that were moved sometime last fall to the eastern slope of the refuse pile. Rule 4.06.3(2)(b) specifically states that "stockpiled topsoil and other materials shall not be moved until required for redistribution on a regraded area unless approved by the Division". In addition, the new location of these topsoil piles have not been located on the facilities map as required by Rule 2.05.3(5). In order to abate the violation, the company is required to provide the proper and adequate permitting documents pursuant to Rule 2.05.3(5). NOTE: Attach appropriate VIOLATIONS OR CESSATION ORDER CODING FORMS Revised: 4/88 Doc. No. 8101E 5