2016-05-19_ENFORCEMENT - C1982056 (2)

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SCHEDULE TO NOTICE OF VIOLATION Notice of Violation No.: CV -2016-001 NATURE OF VIOLATION: Failure to control and minimize siltation from a support facility in accordance with Rule 4.04(3). And failure to contain the areas disturbed by surface coal mining and reclamation operations within the boundaries authorized on permit application maps for the term of the permit and within those areas subject to the performance bond in accordance with Rule 2.07.7(6). And failure to obtain permit approval and receive approval of a performance bond covering the surface acreage affected in accordance with Rule 3.02.1(2). ACT, REGULATION, OR PERMIT PROVISION(S) VIOLATED: ACT SECTION(S): 34-33-120(2)(d) REGULATIONSECTION(S): 4.04(3), 4.04(5), 2.07.7(6) and 3.02.1(2) PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: The Fish Creek Borehole Site, the area affected by mine water discharge and sediment observed during the Division's May 10 through 12, 2016 site inspection. About .37 acres are affected by the fines, of this about .25 acres are affected outside of the current disturbance area of the Fish Creek Borehole site. Specifically, the area affected is located in the SE1/4 of the SW1/4 of Section 24 and the NEI/4 of the NW1/4 of Section 25, both in Township 5 North, Range 87 West of the 6th principal meridian. STEPS NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION): Abatement Step # Description 1 Submit a minor revision to the permit to update the disturbance boundary of the Fish Creek Borehole to include the coal fine area and any area affected by the cleanup of the material. This revision should include a discussion of the cleanup activity, the sediment control measures implemented prior to and after the site is cleaned up, and a discussion of the reclamation of the site. 2 Scrape up and properly dispose of the fines that are located to the northwest of the pump making every attempt to minimize soil loss and maximize coal fine recovery. The Division does not recommend attempting to recover the minimal amount of fines that are to the southwest of the pump given the dense vegetation and shrubs that are established. Prior to conducting this activity, TC will need to insure proper sediment control measures are in place in accordance with Rule 4.05.5, around the area that may be impacted by the cleanup activity. Once the fines are cleaned up, the topsoil will need to be scarified and the affected area revegetated. 3 Place disturbance boundary markers in accordance with Rule 4.02.3 around the affected area of the Fish Creek Borehole to encompass the new affected area.