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-3- <br />SCHEDULE TO NOTICE. OF VIOLATION <br />Notice of Violation No.: CV-2010-003 <br />NATURE OF VIOLATION: <br />Failure to conduct: sampling and analysis of re-distributed subsoil and topsoil in accordance with the <br />approved permit. <br />ACT, REGULATION, OR PERMIT PROVISION(S) VIOLATED: <br />ACT <br />SECTION(S) 34-33-120(2)(f) <br />REGULATION <br />SECTION(S) 2.04.13; 4.06.2(4)(a); 4.06.5 <br />PERMIT <br />SECTION(S) Section 2.05.4(2)(d); Table 2.05.4(2)(d)-1 • Attachment 2.05.4(2)(d)-1 _ <br />PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: <br />Mixed topsoil was re-distributed on certain acreage north of BB Road (Lloyd property) in 2009 The topsoil <br />was sampled in 2009 and analyzed for various criteria. Field and analytical results were presented in the <br />2009 Annual Reclamation Report (ARR) received by the Division on February 1 2010 <br />Bench 1 suitable subsoil was re-distributed on certain acreages north and south of BB Road (Lloyd and <br />Morgan properties, respectively) in 2009. Field and analytical results were presented in the 2009 Annual <br />Reclamation Report. <br />Supplemental Bench 1 suitable subsoil data for the Morgan property was provided by WFC on ME 20, <br />2010. Criteria for analysis are listed in Table 2.05.4(2)(d)-1 Reporting protocols for percentage of coarse <br />fragments (separate analysis of gravel, cobble stone and boulder) are presented in Table 2 of Attachment <br />2.05.4(2)(d)-1 (p.8)_ <br />1) For topsoil on the Lloyd property WFC failed to report results for Calcium Carbonate (%)• Selenium <br />(ppm ; and coarse fragments ments (%). <br />2) For Bench 1 suitable subsoil on the Lloyd property WFC failed to report results for Saturation <br />Percentage; Sodium Adsorption Ratio; Calcium Carbonate (%); Selenium (ppm) and coarse <br />fragments ('%l. <br />3) For Bench 1 suitable subsoil on the Morgan property WFC failed to separately analyze and tabulate <br />results for Gravel, Cobble, Stone and Boulder (as necessary to document total coarse fragment <br />percentage). In addition, textural classification of the Bench 1 suitable subsoil was reported using <br />the engineering-based Unified Soil Classification rather than the appropriate USDA agronomic- <br />based svstern of classification.