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Long -2- August 25, 1997 <br />Notice of Violation CV-97-010 <br />This NOV was issued based on review of aerial photographs taken a <br />few days following a ground inspection, and because the photographs <br />indicate ground excavation activities which were not permitted, and <br />which were agreed to be ceased following the preceding ground <br />inspection. Specifically, on July 10, 1997, Michael Boulay and <br />Mountain Coal Company staff agreed in the field, that there would <br />not be any further excavation work in the subject area. until <br />permitting occurred. <br />The conditions observed in the field during the ground inspection <br />of July 10, 1997, showed substantial excavation had occurred, in <br />excess of the amounts discussed in previous telephone conversations <br />concerning emergency spring season repair activities. The Division <br />chose not to take any enforcement action in the field based on the <br />operator's agreement to cease all activity in the subject <br />construction area until permitting occurred. <br />The aerial photographs of July 15, 1997 indicate excavation on the <br />subject cut slope, in an area that was undisturbed prior to the <br />excavation. The photographs show an excavator and a dump truck <br />working together in the subject cut slope area. The excavator is <br />two to three track lengths up the slope from the slope toe, and <br />located substantially on the cut slope. The Mountain Coal letter of <br />August 11, 1997, admits that subsoil at the base of the slope was <br />being removed. The documented activities occurring on the day of <br />the aerial inspection, and following the agreement to cease all <br />subject activities were not to be occurring. <br />Conclusion <br />We believe that the Notices of Violation were issued for good cause <br />and with substantial regulatory and evidentiary basis. We <br />respectfully request that the violations not be vacated at this <br />time, and that the violations be referred to an assessment <br />conference where all evidence can be presented by both the Division <br />and Mountain Coal Company staff. <br />cc: McCannon <br />