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SCHEDULE TO NOTICE OF VIOLATION <br />Notice of Violation No.: CV- 2013 -001 <br />NATURE OF VIOLATION: <br />Failure to obtain a technical revision for a modification to the terms or requirements of the permit for design <br />changes for a regulated structure, as required by Rule 2.08.4(2). <br />Failure to obtain final approval before implementing a technical revision, as required by Rule 2.08.4(4). <br />Failure to obtain approval of a performance bond covering the surface acreage to be affected prior to disturbing <br />surface acreage, as required by Rule 3.02.1(2). <br />Failure to save topsoil and subsoils before disturbance of areas affected by surface coal mining operations, as <br />required by Rule 4.06.1(1). <br />ACT, REGULATION, OR PERMIT PROVISION(S) VIOLATED: <br />ACT SECTION(S): 34 -33 -115, 34 -33 -116; 34 -33- 113(1); 34- 33- 120(2)(e) <br />REGULATIONSECTION(S): 2.08.4(2), 2.08.4(4), 3.02.1(2), and 4.06.1(1) <br />PERMIT SECTION(S): 2.05, page 50; 3.02 <br />PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: <br />1.2 acres of unauthorized disturbance between Gob Pile #2 and Gob Pile #4, as described in the Division's <br />report for the January 9, 2013 inspection of the Bowie No. 2 Mine. <br />STEPS NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION): <br />Abatement Step # Description <br />1 Provide all materials necessary to obtain approval for Technical Revision No. 76 to <br />authorize disturbance. <br />2 Post appropriate financial warranty for existing disturbance and any additional proposed <br />disturbance. <br />3 Save all topsoil in accordance with Rule 4.06.2. <br />TIME FOR ABATEMENT (NOT MORE THAN 90 DAYS): <br />ON OR BEFORE last abatement due date <br />Abatement Step # Due Date <br />1 February 12, 2013 <br />2 Upon final approval of Technical Revision No. 76 — and no later than February 12, <br />2013 <br />3 Upon final approval of TR -76 — and no later than February 12, 2013 <br />