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nor was CCC directed by the Division in the permit to conduct this activity. • Paragraph C. 9. of the Grants, Conditions, and Agreements section of the January 10, 2003 DMG permit states, "The permittee shall comply with the terms and conditions of this permit, all applicable performance standards of the Act, and the requirements of these Rules". The inadvertent mining conducted by CCC is not in compliance with the terms and conditions of the permit, applicable standards of the Act, and applicable requirements of the Rules. • Paragraph C. 13. of the Grants, Conditions, and Agreements section of the January 10, 2003 DMG permit states, "No coal mining operations shall be conducted on Federal surface or coal until the Secretary of the Interior has approved the mining plan." Discussions with BLM and OSM indicate that the Secretary of the Interior has not approved of a mining plan allowing removal of the coal from the unleased area where the inadvertent mining occurred. Thus we determined that CCC's blasting of 2525 tons of unleased federal coal at the Colowyo Mine earlier this month, and the removal of 2366 tons of this 2525 tons, occurred in violation of the Act, Rules, CCC's permit application package, and CCC's DMG-issued permit. Given the effort CCC made to communicate its plans for the West Pit ramp to BLM, and CCC's efforts to maintain-a berm along its lease boundary to denote the approved limit of coal extraction (as described in CCC's letter of June 9, 2004 to BLM), we further determined that this violation was unintentional. We subsequently investigated whether this violation met State statutory and regulatory criteria for the issuance of a Cessation Order. These criteria essentially require us to determine whether a violation created an imminent danger to the health or safety of the public, or caused or created the expectation of causing significant environmental harm to land, air, or water resources. The Regulations essentially define "imminent danger to the health or safety of the public" as that which could be reasonably expected to cause substantial physical harm to persons outside the permit area, and essentially define "significant environmental harm" as an adverse, appreciable, and "not immediately reparable" impact. The Regulations additionally state that conducting surface coal mining operations without a valid permit constitutes a practice that can reasonably be expected to cause significant imminent environmental harm. We determined that the area within which the inadvertent mining occurred was within permitted areas approved for topsoil stripping and overburden blasting, that this area was approximately 1000 feet within CCC's western permit boundary, that this area was within an approved sediment control system, and that the extent of area within which the inadvertent mining occurred was not appreciable. We additionally determined that CCC was in possession of a valid DMG-issued permit at the time the inadvertent mining occurred (albeit not a permit allowing mining of unleased federal coal). We consequently determined that CCC's inadvertent mining of unleased federal coal did not meet state statutory and regulatory criteria for the issuance of a Cessation Order. The Act and the Regulations state that once we determine a violation of State laws, regulations, or a permit has occurred, but subsequently determine that the violation does not meet the criteria for the issuance of a Cessation Order, we must then issue a Notice of Violation for that violation. We