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-3- • <br />SCHEDULE TO NOTICE OF VIOLATION <br />Notice of Violation No.: CV-97-023 <br />NATURE OF VIOLATION: <br />Failure to maintain pond embankment Burin tg he operation and pond cleanine activities Failure to <br />minimize disturbance to the hvdroloeic balance. Failure to maintain pond in order to meet the effluent <br />limitations of the permit. Failure to maintain oond to prevent additional contributions of sediment to <br />streamflow or to runoff outside the Hermit area and meet the effluent limitations. Failure to maintain~ond <br />to provide adequate capacity to treat runoff/inflow as a result of a l0-year/24-hour precipitation event <br />ACT, REGULATION, OR PERMIT PROVISION(S) VIOLATED: <br />ACT <br />SECTION(S) 34-33-_I20(2)(d). 120(2)(j)(v). 121(2)(i)(II). 1 l5. 116(2) <br />REGULATION <br />SECTION(S) 4.05.7, 4.05.2(2).4.05.5(1). 4.05.6(3)(a).4.05.6(11)(a) <br />PERMIT <br />SECTION(S) <br />PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: <br />Pond 006 - a ditch was cut through the dam one foot below principal spillway in order to remove water to <br />facilitate pond cleaning_A.pproximately 1.5 acre feet of water discharged from October 29. 1997 to October <br />31. 1997. Sample analysis TSS 379.000 mg/I, and 6640 me/L total Iron. Described in October 31. 1997 <br />letter from Seneca Coal Company to (CDOH) Water Ouality Control Division. <br />STEPS NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION): <br />(1) Provide the Division with demonstrations that the oond embankment has a minimum static safety factor <br />of 1.3 and meets the other requirements of 4.05.6(111 by December 10. 1997 or a plan for repairinP <br />embankment to meet those requirements. <br />(2) If necessar,~reconstruct pond embankment to meet the requirements of Rule 4.05.6(11) by December <br />(3) Provide the Division with a certification of the reconstructed pond embankment by a qualified registered <br />professional engineer by December 19. 1997. <br />TLIvIE FOR ABATEMENT (NOT MORE THAN 90 DAYS): <br />ON OR BEFORE December 19 . 19 97 <br />(1) Step 1 by December 10. 1997 <br />(2) Step 2 by December 19. 1997 <br />(3) Step 3 by December 19. 1997 <br />WHIT-E -File YELLOW -Operator PINK -Specialist <br />