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SCHEDULE TO NOTICE OF VIOLATION <br /> Notice of Violation No.: CV-2023-002 <br /> NATURE OF VIOLATION: <br /> Failure to follow the approved Permit Stipulation No.67 within the required timeframe.Failure to provide a <br /> description of the cultural and historic resources affected by planned or probable subsidence over the life of the <br /> mine pursuant to Rule 2.04.4.Failure to conduct the stipulated surveys to ensure that accurate maps or plans <br /> clearly show all significant known archaeological sites pursuant to C.R.S 34-33-110(2)(n).Failure to conduct the <br /> stipulated surveys which ensure that mining activity will not adversely affect any place included in the national <br /> register of historic sites pursuant to C.R.S.34-33-114(g)(111),Rule 2.07.6(2)(e)(i),and Rule 2.02.4(3)(c). <br /> ACT, REGULATION, OR PERMIT PROVISION(S)VIOLATED: <br /> ACT SECTION(S): 34-33-110(2)(n) <br /> 34-33-114(2)(g)(III) <br /> REGULATIONSECTION(S): 2.02.4(3)(c) <br /> 2.04.4 <br /> 2.07.6(2)(e)(i) <br /> PERMIT SECTION(S): <br /> PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: <br /> During review of Permit Renewal No.9 (RN-9),it was brought to the Division's attention that activities required <br /> under Permit Stipulation No. 67 had not been completed within the approved timeframe.Permit Stipulation No. <br /> 67 was put in place following the submission of Technical Revision No. 92 (TR-92)which proposed a 1,400 ft <br /> expansion of the 7 Right LW Panel 3 (7 East Panel) and a permit boundary modification which added 40 acres <br /> to the permit. The 7 East Panel is located in the northeastern corner of the permit boundary.In response to <br /> TR-92,the Office of Archaeology and Historic Preservation suggested that yet unidentified cultural resources <br /> may exist within the newly proposed permit area which had the potential to be impacted by subsidence. <br /> Through the revision process,Twentymile Coal,LLC. committed to conducting a cultural survey of the newly <br /> proposed permit boundary prior to mining.This commitment was formalized as Permit Stipulation No. 67 and <br /> TR-92 was approved with this condition on February 8,2019. <br /> Permit Stipulation No.67 states, "Operator must complete the supplemental cultural resource survey for the <br /> expansion of panel 7 Right LW Panel 3 (7 East Panel)to satisfy the concerns/obligations of the Office of <br /> Archaeology and Historic Preservation prior to longwall mining in the affected area. The survey must be <br /> submitted to the Division in the form of a Minor Revision(MR)to be incorporated into the PAP prior to <br /> beginning longwall mining".As of the date of this notice of violation,the 7 East Panel expansion area has been <br /> mined through and no cultural survey has yet been completed for the above ground affected area. <br /> The failure to comply with Permit Stipulation No. 67 constitutes a violation of C.R.S.34-33-110(2)(n)and C.R.S. <br /> 34-33-114(g)(III) and Rule 2.02.4(3)(c),Rule 2.04.4 and Rule 2.07.6(2)(e)(i).Abatement of this violation will not <br /> occur until the stipulated cultural survey has been conducted in the required areas to ensure identification of <br /> Page 4 of 5 <br />