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-3- SCHEDULE TO NOTICE OF VIOLATION Notice of Violation No.: CV-2005-005 NATURE OF VIOLATION: Part (1) Failure to completely remove topsoil. Part (2) Failure to properly protect stockRiled topsoil. ACT, REGULATION, OR PERMIT PROVISION(S) VIOLATED: ACT SECTION(S) 34-33-120(2)(e) REGULATION SECTION(S) -Part (1), 4.06.1(1); and Part (2) PERMIT SECTION(S) Section 2.05, Page 2.05-45.3 (03/22/05) PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: -Part (1).Topsoil was not completely removed from disturbed areas of the west runoff collection ditch of the sediment control feature at the 18-Right Ventilation Shaft site -Part (2) Topsoil was not stored in stockpiles (windrows) alon¢ the access road to the 18-Right Ventilation Shaft access road in a manner that it was not, and would not be, disturbed by minim operations: and in a manner that protected the topsoil from erosion and contamination. erosion. STEPS NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION): Part (1): Remove topsoil a set-back distance from the edges of the sediment control ditch basin leading to the rock filter (to prevent loss of topsoil resources from caving of the embankments). Part (2~) relocate set-back) access road topsoil windrows to accommodate roadside ditches (protect from erosion) constructed in subgrade materials and to protect the topsoil resource from contamination by road maintenance operations (snow mowing); or: Part (2~(b), an alternate remedial action to (2)(a) is to relocate the topsoil in windrows to permitted topsoil storage stockpiles. (The Part (fi(b) alternative would require submission and approval of a technical revision to the current Permit Application Packa e. TIME FOR ABATEMENT (NOT MORE THAN 90 DAYS): ON OR BEFORE _13 June 2005 for Part (1). _13 June 2005 for Part (2)(a). _8 August 2005 for Alternative Part (2)(b).