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-3- <br />SCHEDULE TO NOTICE OF VIOLATION <br />Notice of Violation No.: CV-2008-004 <br />NATURE OF VIOLATION: <br />Failure to minimize disturbance to the hydrologic balance in the mine and associated off site areas. Failure to <br />construct a channel so as to not increase the potential for downstream flooding and minimize adverse impacts to <br />the hydrologic balance. Failure to construct a permanent diversion to safely pass the peak runoff from a 10 year <br />storm event. Failure to construct a permanent diversion to prevent additional contribution of suspended solids <br />to stream flow and runoff outside the permit area Failure to provide adequate pond capacity to contain or treat <br />the runoff from a 10-year24-hour precipitation event Failure to provide a nonclogging dewatering device on a <br />pond to remove water storage resulting from inflow. Failure to prevent outflow through _the pond's emergency <br />spillway during the passage of runoff resulting from the 10-year24-hour precipitation event Failure to provide <br />adequate freeboard to prevent overtopping of the pond's embankment by sudden increases in volume <br />ACT, REGULATION, OR PERMIT PROVISION(S) VIOLATED: <br />ACT <br />SECTION(S) 34-33-120(2)(1); 34-33-120(2)(i)(II)(A)• 34-33-120(2)(i)(V) <br />REGULATION <br />SECTION(S) 4.01.1(7); 4.05.30)(d) and (e)• 4-05.30), (4) and (7)(a); 4 05 6 3)(a) and_(c • 4 05 9 2)(b) <br />and (c (ii ; 4.05.9(10) <br />PERMIT <br />SECTION(S) 4.05. l; 4.05.2; 4.05.6, 4.05.7• Exhibit 7 - Prospect Pond 007A• Exhibit 7 Item 14, Appendix <br />Exh7-14D <br />PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: <br />This violation applies to the Prospect Pond the Prospect ditch and the associated Prospect watershed <br />STEPS NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION): <br />1. Clean the Prospect Pond to remove the sediment to restore the proper pond volume and function <br />2. Complete an inspection of the Prospect Pond embankment to ensure stability. This needs to be performed by <br />a registered, professional engineer. A report of the findings needs to be forwarded to the Division for review by <br />the abatement date below. <br />3. Complete the Prospect Ditch including the necessary riprap as designed Repair the Prospect Ditch as <br />required to fix erosional problems that have occurred <br />4. Repair both of the large gullies to the north and south of the prospect ditch which are contributing a great deal <br />of sediment to the Prospect Pond. <br />5. Submit to the Division a complete Technical Revision detailing methods that will be immediately <br />implemented to reduce the peak flow into the Prospect Pond from storm events These methods have been <br />discussed in detail in the Permit Renewal 05 correspondence <br />TIME FOR ABATEMENT (NOT MORE THAN 90 DAYS): <br />ON OR BEFORE 15 October 2008