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-3- <br />SCHEDULE TO NOTICE OF VIOLATION <br />Notice of Violation No.: CV- 2012 -009 <br />NATURE OF VIOLATIONS: <br />AI Bear Coal Company, Inc., failed to obtain a valid permit as required by 34 -33 -101 et seq, the <br />"Colorado Coal Mining Reclamation Act," the applicable regulations, and its Permit though it is <br />under an ongoing obligation to complete reclamation of the mine site. Bear Coal Company, Inc. <br />was previously issued Permit No. C- 1981 -033, which expired on July 19, 2012 and reclamation <br />has not been completed. <br />B) Bear Coal Company, Inc., failed to complete reclamation in compliance with the terms of its <br />Permit, the Act, and the Regulations of the Colorado Mined Land Reclamation Board for Coal <br />Mining. Bear Coal Company, Inc., has not: completed final ditch and pond reclamation; <br />established a diverse, effective and permanent vegetative cover; or assumed responsibility for <br />successful revegetation. <br />ACT, REGULATION, OR PERMIT PROVISION(S) VIOLATED: <br />ACT SECTION(S): <br />A) 34- 33- 109(0_ <br />B) 34- 33- 120(2)(j)(III), 34- 33- 120(2) (s) and (t) <br />REGULATION SECTION(S): <br />A) Rule 2.01.3(1) <br />B) Rules 4.05.2(2), 4.15.7(5), 4.15.8 and 4.15.10 (1) <br />PERMIT SECTION(S): <br />A) C(1) and (9) <br />B) C(1), (8), and (9) <br />PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: <br />This NOV applies to the entire permit boundary. <br />STEPS NECESSARY TO ABATE VIOLATIONS (REMEDIAL ACTION): <br />A) Submit a complete permit application to the Division to obtain a valid permit for the completion <br />of reclamation at the mine site under the provisions of 34 -33 -101 et seq. <br />TIME FOR ABATEMENT (NOT MORE THAN 90 DAYS): <br />ON OR BEFORE December 31, 2012 <br />NOV FORM (3/95) <br />WHITE - File <br />YELLOW - Operator PINK - Specialist <br />