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EXEMPTION TREATMENT FACILITY. FAILURE TO INCLUDE A WATER PUMPING <br />ACTIVITY IN THE DESCRIPTION OF THE OPERATIONS. <br />Status: This NOV was terminated on August 11, 2005. <br />Violation No. CV-2005-005: FAILURE TO COMPLETELY REMOVE TOPSOIL AND <br />FAILURE TO PROPOERLY PROTECT TOPSOIL <br />Status: This NOV was terminated on June 13, 2005. <br />Surface Reclamation <br />Upon cessation of mining activities, all surface disturbances will be reclaimed. Surface facilities <br />will be removed. The portal area, Area 2 pit and the waste disposal site will be backfilled with <br />previously mined spoils existing within areas adjoining the old Energy No. 1 pit. All surface <br />disturbances will be regraded to approximate original contour. Topsoil from existing and <br />proposed topsoil stockpiles will be redistributed over the entire disturbed area to depths 0.7 feet <br />to 0.8 feet as depicted on Map 29 of the permit application, with the exception of those piles <br />which are dedicated to specific areas from which it was removed. Re-seeding and revegetation <br />will occur following topsoil laydown operations. Reclamation success will be determined by <br />statistically comparing the reclaimed areas to reference areas, except at the Fish Creek Tipple, <br />which was constructed prior to implementation of the current laws and regulations. <br />Foidel Creek Mine 17 June 4, 2010