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-3- <br />SCHEDULE TO NOTICE OF VIOLATION <br />Notice of Violation No.: CV- 2011 -001 <br />NATURE OF VIOLATION: <br />Failure to ensure that "construction, maintenance, and post - mining conditions of haul roads into and across the site <br />of operations will control or prevent erosion and siltation, pollution of air or water, and damage to public or private <br />property", as required by Rule 4.03.1(1)(a), and failure to ensure that haul roads do not cause "additional contributions <br />of suspended solids to streamflow or to runoff outside the permit area" as required by Rule <br />4.03.1(1)(b). <br />ACT, REGULATION, OR PERMIT PROVISIONS) VIOLATED: <br />ACT <br />SECTION(S) 34- 33- 120(2)(l)q) and (x) <br />REGULATION <br />SECTION(S) Rules 4.03.1(1) (a) and 4.03.1(1)(b) <br />PERMIT <br />SECTION(S) Tab 13, page 13 Transportation Facilities — General Requirements <br />PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: <br />1.Mine Entrance Haul Road. approximately 200' centered at 308152.354 4472747.53 where a slum <br />has resulted an approximately 25 linear feet, three feet thick wedge of road fill material being <br />deposited into 006 Gulch, which is tributary to Hubberson Gulch. The fill material diverted the <br />streamflow and caused erosion in the stream channel sideslopes. <br />2.The outfall of Culvert ME -1, where erosion has occurred resultinu from lack of protection at the <br />culvert outlet. <br />STEPS NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION): <br />1. Remove MEHR fill material from 006 Gulch. <br />2. Submit a technical revision to the annroved hermit aDDlication for a channel desipan for the affected <br />portions of 006 Gulch. <br />3. Implement the approved revision. <br />4. Place rip rap at the outfall of ME -1 to ensure that no further erosion/downcutting will occur. <br />TIME FOR ABATEMENT (NOT MORE THAN 90 DAYS): <br />I. June 17 2011. <br />2. June 17 2011. <br />3. August 31, 2011. <br />4. June 17. 2011. <br />NOV FORM (3/95) <br />WHITE - File YELLOW - Operator PINK - Specialist <br />