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-3- <br /> 4. Effect on Permit. In addition, if it is determined that a pattern of <br /> violations exists and that the violations were caused by unwarranted failure <br /> to comply, or were willful, your permit may be suspended or revoked. <br /> SCHEDULE TO NOTICE OF VIOLATION <br /> Notice of Violation No. NOV C-84-097 <br /> NATURE OF VIOLATION: <br /> Failure to follow the approved mine plan. Specifically, storage of coal and <br /> waste on the Mine No. 3 lower and middle bin pads, which were given small area <br /> exemptions from construction of sediment ponds, and destruction of the <br /> drainage control berms and ditches at the middle bin pad. <br /> ACT, REGULATION, OR PERMIT PROVISIONS) VIOLATED: <br /> ACT SECTIONS) 34-33-123(2), 34-33-121 (2)(i ) <br /> REGULATION SECTION(S) 5.03.2(2)(a), 4.05. 10) and (4), 4.05.2(3) <br /> PERMIT SECTIONS) Volume 3, Chapter II, Appendix II-B-7 <br /> PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: <br /> The Mine No. 3 lower and middle bin pads. <br /> STEPS NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION) : <br /> 1. Remove the coal and waste from the Mine No. 2 middle bin pad. <br /> 2. Restore the drainage ditch along the road to the middle bin pad, and <br /> construct a containment berm around the bin pad. <br /> 3. Construct a temporary sediment pond on the Mine No. 3 lower bin pad, and <br /> route all drainage from the pad through this pond. <br /> 4. Submit a revision to the permit application for sediment control for the <br /> Mine No. 3 lower bin pad. <br /> 5. Construct the approved sediment control system for the Mine No. 3 lower <br /> bin pad. <br />