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-3- <br />SCHEDULE TO NOTICE OF VIOLATION <br />Notice of Violation No.: CV- 2011005 <br />NATURE OF VIOLATION: <br />Failure to place all underground development waste in existing disposal areas approved by the Division <br />within the permit area. Failure to dispose of noncoal wastes in a State approved disposal site operated in <br />accordance with local, State and Federal requirements. Failure to conduct all surface coal mining and <br />reclamation operations only as described in the approved application. Failure to comply with the terms <br />and conditions of the permit, all applicable performance standards of the Act and the requirements of <br />the Rules. <br />ACT, REGULATION, OR PERMIT PROVISION(S) VIOLATED: <br />ACT <br />SECTION(S) 34- 33- 120(2)(n), 34- 33- 121(2)(d) <br />REGULATION <br />SECTION(S) 2.07.7(7), 2.07.7(8), 4.10.1(1), 4.11.4(2) <br />PERMIT <br />SECTION(S) Sections2.05.3(8), 2.05.3(9) <br />PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: <br />Underground development waste and noncoal waste generated within the permit area and disposed of <br />offsite at the Deakins Pit (M- 2001 -060) and the Ross Pit (M- 1990 -134). <br />STEPS NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION): <br />Step 1: Submit a plan to ensure that a) the underground development waste subject to this NOV is <br />segregated from noncoal waste and disposed of in the approved Refuse Disposal Area and b) the <br />noncoal waste subject to this NOV is disposed of in a State approved disposal site operating in <br />accordance with local, State and Federal Requirements. <br />Step 2: Obtain final approval of the submitted plan <br />Step 3: Implement the approved plan to ensure all underground development waste and noncoal waste <br />is disposed in the approved locations. <br />TIME FOR ABATEMENT (NOT MORE THAN 90 DAYS): <br />Step 1: On or before September 22, 2011 <br />Step 2: On or before September 29, 2011 <br />Step 3: On or before October 7, 2011 <br />NOV FoRm (3/95) <br />WHITE - File YELLOW - Operator PINK - Specialist <br />