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Ms Sandra Brown Division of Reclamation, Mining and Safety Page 2 reconfigured during the summer of 2006 and consisted primarily of construction of a new postmine channel PM-4C. The approved channel design required a finished depth of 1.5 feet (actual finished depth of the channel is considerably deeper). In addition, the Slide #2 azea and Channel PM-4D were graded and seeded and are ready for TRM to be installed in 2007. During the winter of 2006/2007 another significant snow drift formed further to the south and included the lower reach of channel PM-4C and extended to the east across the light use road. The snow drift and ice effectively sealed oEE channel PM-4C and the mnoff breached the ditch bank, water ran outside of the ditch to the edge of the light use road where the snow drift had also sealed off the road side ditch. Therefore, the only place left for the runoff to go was across the light use road and down the undisturbed slope and resulted in a small slide in the topsoil This is current Slide #3. This current Slide #3 is a direct result of abatement of the original violation CV-2001-002. The slide #2 that occurred in 2005 did not result in a violation; however SCC was duetted to develop a remediation plan to rectify the situation. The remediation plan approved by the Division included reconfiguration of the watershed (Channel PM-4C) to direct the majority of the spring runoff away from the #2 slide azea and direct it towazd the south to a culvert (Culvert PM- 10) that flows under the light use and away from the reclaimed azea. The ditches constructed aze considerably larger than the approved design specifies. The reconfiguration of the watershed unfortunately moved the locations of the snow drifts and resulted in the current Slide #3. • PORTION OF THE OPERATION TO IY~HICH THIS NOTICE APPLIES The NOV war written due to the occurrence of a small slide and associated erosion that resulted in disturbance/damage to a small area of land that bad mot been approved for disturbance, and which had not been cleared of vegetation ar stripped of topsoil....... The following is a summarization of the azeas actually permitted and approved for disturbance at II-W in Permit Revision OS (PR-OS approved June 16, 2006). SCC has, over the life of the II-W operation, permitted more area fox potential disturbance than has been actually disturbed. Disturbance areas (shown on Exhibit 12-2, Operations Plan) aze permitted to allow for emergenry disturbance to remediate erosion between the disturbed mining area and downstream sediment control structures. There aze things to consider with each of the Divisions points during the assessment of this situation: • Minimize erosion to provide protection far topsoil and vegetation [4.OSS(1)(c)J The azea of this minor topsoil disturbance is inside an approved ntittitnal disturbance boundary, which means the azea is approved for emergenry disturbance to remediate erosion between the disturbed mining azea and sediment control structures downstream. The topsoil, in question, was not lost or covered by non-topsoil sediment If necessary and with additional disturbance to adjacent undisturbed area, the topsoIl associated with the slide could be recovered. Simply reseeding the azea with the approved seed mix will keep the disturbance to a minimum. • Minimize erosion and slippage [4.14.2(5)) The mimimi>ation of erosion and slippage is one of the ultimate goals of SCC reclamation plan, however it must be recognized that this takes time. Rill and gully surveys aze conducted each spring and remediation of these azeas performed annually. (This azea is shown on the 2007 Rill & Gully Report)