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<br />Page 3 of 4 <br /> <br />SCHEDULE TO NOTICE OF VIOLATION <br /> <br />Notice of Violation No.: CV-2021-001 <br /> <br />NATURE OF VIOLATION: <br />Failure to describe the reconstruction of a light use road into a coal haul road to be constructed, used, or maintained <br />within the permit area. Failure to provide specifications of the light use road reconstruction width, road gradient, <br />road surface, road cut, fill embankment, culvert, bridge, drainage ditch, and drainage structure. Failure to provide <br />plans and drawings for each haul road prepared by, or under the direction of, and certified by a qualified, registered <br />professional engineer, experienced in the design and construction of roads. Failure to comply with performance <br />standard requirements for haul roads. <br /> <br />ACT, REGULATION, OR PERMIT PROVISION(S) VIOLATED: <br />ACT SECTION(S): <br />REGULATIONSECTION(S): Rule 2.05.3(3)(c) <br />Rule 4.03.1 <br />PERMIT SECTION(S): <br />PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: <br />Based on an on-the-ground inspection of the New Elk Mine conducted on October 13, 2021, New Elk Coal <br />Company (NECC) is upgrading and reconstructing the light use road located south of Pond 007a that runs west <br />to east adjacent to the Purgatory river. NECC is reconstructing the light use road in anticipation of truck <br />hauling processed coal. NECC is currently not approved to reconstruct the light use road as a haul road and no <br />revision to the New Elk Mine permit addressing the reconstruction has been received by the Division. <br /> <br />This activity constitutes a violation of Rule 2.05.3(3)(c) for failure to provide a description of each road to be <br />constructed, used, or maintained within the proposed permit area. In addition, due to the anticipated haul road <br />use of the reconstructed road, this activity constitutes a violation for failure to comply with the performance and <br />design requirements for haul roads in accordance with Rule 4.03.1. No additional construction and no coal <br />hauling on the road pertaining to this violation may occur until the violation has been abated. <br /> <br /> <br /> <br />STEPS NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION): <br /> <br />Abatement Step # Description <br />1 No additional construction and no coal hauling on the road pertaining to this violation <br />may occur until the technical revision required by Abatement Step #2 has been approved <br />and issued. <br />2 Submit and receive approval of a technical revision to revise the road design for the light <br />use road to comply with Rule 2.05.3(3)(c) and Rule 4.03.1 for the new haul road. The <br />technical revision must be submitted on or before the abatement due date noted below. <br /> <br /> <br />