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SCHEDULE TO NOTICE OF VIOLATION <br />Notice of Violation No.: CV- 2012 -006 <br />NATURE OF VIOLATION: <br />Failure to Protect the Hydrologic Balance in compliance with the Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining. Failure to pass surface drainage from the disturbed area through a <br />sedimentation pond before leaving the permit area. Failure to construct sedimentation pond before any <br />disturbance of the undisturbed area to be drained into the bond. Failure to submit an engineer certification that <br />the pond has been constructed as designed. <br />ACT, REGULATION, OR PERMIT PROVISION(S) VIOLATED: <br />ACT SECTION(S): 120(2)0)(11)(B) <br />REGULATIONSECTION(S): 4.05.2(5); 4.05.6(1)(a) and 4.05.9(14)(a) and (b) <br />PERMIT SECTION(S): <br />PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: <br />Disturbance of the New Horizon North Mine permit area has occurred prior to the construction of sediment <br />ponds and other treatment facilities. As observed during the Division's October 23, 2012 inspection, topsoil <br />removal within the drainage basin of Sediment Pond NHN -001 is under way, but excavation of the pond and <br />contributing ditches has not been accomplished, and discharge structures have not been installed. In <br />accordance with the performance standards of 4.05.2(5) and 4.05.6(1)(a), ponds and treatment facilities shall be <br />constructed before any disturbance of the undisturbed area to be drained into the pond. <br />STEPS NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION): <br />Abatement Description <br />Step 4 <br />1 Cease salvaging topsoil and other mining - related disturbance. <br />2 Construct Sedimentation Pond NHN -001 and associated sediment control system as approved in Section <br />2.05.3(4) of the permit. <br />Submit to DRMS an engineer certification that Sedimentation Pond NHN -001 has been constructed as <br />designed. This certification shall be submitted as a Minor Revision to the permit. If changes to the <br />approved design have been made, the certification shall be submitted as a Technical Revision to the <br />permit. <br />TIME FOR ABATEMENT (NOT MORE THAN 90 DAYS): <br />ON OR BEFORE last abatement due date <br />Abatement Step 4 <br />2 <br />Due Date <br />October 25, 2012 <br />November 30, 2012 <br />December 21, 2012 <br />