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-3- <br />SCHEDULE TO NOTICE OF VIOLATION <br />Notice of Violation No.: CV-2010-004 <br />NATURE OF VIOLATION: <br />Failure to construct permanent post-mining drainage channels in accordance with the approved <br />reclamation plan. Failure to construct permanent, post-mining_ drainage channels to safely pass the peak <br />runoff from a 100-year, 24-hour storm event. Failure to construct permanent, post-mining drainage <br />channels to prevent additional contribution of suspended solids to runoff. Failure to properly construct <br />and maintain sediment ponds. <br />ACT, REGULATION, OR PERMIT PROVISION(S) VIOLATED: <br />ACT <br />SECTION(S) 34-33-120(2)(j) <br />REGULATION <br />SECTION(S) 4.05.3(7), 4.05.4(2), 4.05.4(4) and 4.05.6(2) <br />PERMIT <br />SECTION(S) Exhibit 7-14C - Taylor Tributary Ditch; Exhibit 7-14D - Final East Pit Ditch; Exhibit 7- <br />14H - Generalized Ditch Design-Permanent Channels; Exhibit 7-14N - North Tributary, East Pit Ditch; <br />Exhibit 7, Item 20, Part C-ST - West Taylor Pond. <br />PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: <br />This violation applies to four areas: the lower 1,200 feet (approximately) of the North Tributary <br />Pit Ditch, the lower 1,100 feet (approximately) of the Final East Pit Ditch, the lower 1,500 feet <br />(approximately) of the Taylor Tributary Ditch and; the West Taylor Pond. <br />STEPS NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION): <br />1._ Repair and construct noted ditch segments as designed and approved, ensuring that sideslope <br />drainage can freely enter the ditches, that ditches are constructed and located in their approved locations, <br />that bottom width, sideslope and freeboard are constructed as designed and that riprap sizing is as <br />approved in the design. <br />2. Provide the Division with an as-built certification by a registered, professional engineer for the ditch <br />segments noted to document they have been repaired and completed as designed. <br />3. Repair the leaking outfall on the West Taylor Pond and provide the Division with a report detailing <br />the problem and the repairs completed. <br />TIME FOR ABATEMENT (NOT MORE THAN 90 DAYS): <br />ON OR BEFORE 19 November 2010 <br />NOV FoRm (3/95)WHITE - File YELLOW - Operator PINK - Specialist