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SCHEDULE TO NOTICE OF VIOLATION <br />Notice of Violation No.: CV- 2012 -007 <br />NATURE OF VIOLATION: <br />Failure to protect the physical properties of topsoil from wind erosion. Failure to protect the air resource. <br />Failure to submit other permits and licenses in compliance with the New Horizon North Permit No. C -2010- <br />089, and with the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining_ <br />ACT, REGULATION, OR PERMIT PROVISION(S) VIOLATED: <br />ACT SECTION(S): 120(2)(e) and 111(1)(i) <br />REGULATIONSECTION(S): 4.06.2(5) and (6); 4.17 <br />PERMIT SECTION(S): 2.03.10 <br />PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: <br />Topsoil was being salvaged from the New Horizon North permit area under windy conditions, as observed <br />during the Division's October 23, 2012 inspections. Topsoil resource was not protected from wind erosion <br />during the operations, a violation of Section 4.06.2(5) &(6) of the performance standards, and the air resource <br />was not being protected in accordance with Section 4.17 of the performance standards. In addition, the <br />oberator has failed to submit the Construction Permit issued by the Air Pollution Control Division. as stated in <br />Section 2.03. 10 of the permit application package. <br />STEPS NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION): <br />Abatement Description <br />Step # <br />1 Cease topsoil removal operations. <br />2 Submit a copy of the Air Pollution Permit as a minor revision to the permit. <br />TIME FOR ABATEMENT (NOT MORE THAN 90 DAYS): <br />ON OR BEFORE last abatement due date <br />Abatement Due Date <br />Step # <br />1 October 25, 2012 <br />2 November 15, 2012 <br />