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Enforcement Actions <br />Since the permit renewal decision date of December 15, 2010 there has been one Notice of Violation <br />issued (CV2011002). This violation was issued on May 27, 2011 based on a site inspection conducted on <br />May17, 2011. Outfall of Culverts YA -6, where downcutting had resulted in a 6 inch gully extending <br />beyond permit boundary line; material from road fill has washed into Scotchman's Gulch. This was a <br />violation for failure to ensure that haul roads do not cause "additional contributions of suspended solids to <br />streamflow orto runoff outside the permit area" as required by Rule 4.03.1(1)(b). The Operator was <br />required to regrade and place rip rap at the outfall of YA -6 to ensure that no further erosion /downcutting <br />will occur. This violation was abated on June 22, 2011. <br />SECTION II — REVISIONS TO THE PERMIT <br />The following is a summary of the revisions to the permit since the Permit Renewal No. 3 (RN3) decision <br />date of December 15, 2010. Since the last permit renewal there has been an overall reduction in bond <br />amount required from $4,305,484.00 to $2,164.901.00. Seneca Coal Company submitted a Phase II bond <br />release application (SL3) and a Phase I bond release application (SL4) since the approval of RN3. The <br />Division granted a partial approval for each of these bond release applications. The Division increased <br />the required financial warranty in November of 2012 with Surety Increase No. 1 (SI1) to cover the cost <br />for regrading areas that slid during the spring of 2011. A list of revisions since RN3 including the <br />corresponding bond adjustments is provided in the following table. <br />No. Subiect Decision <br />MR36 Updated addresses for the entities listed in Approve <br />Appendix 3 -2, Owners of Record. <br />MR37 Permission for 3rd party to Conduct Approve <br />Exploration Drilling. <br />TR48 Updated woody plant density standard Approve <br />and aspen reestablishment standard. <br />SL3 Phase II bond release of 592 acres. Approve <br />Date Bond Adjustment <br />12/21/2010 <br />4/13/2011 <br />9/16/2011 <br />1/18/2012 - $1,693,918.00 <br />TR51 Provided an inventory of all of the areas of Approve 1/23/2012 <br />8/13/2012 <br />9/15/2012 <br />10/22/201 <br />10/24/201 <br />instability that were identified within the permit <br />boundary in 2011 and a plan for mitigation <br />and /or maintenance of those features. <br />MR38 Details of surge structure construction. Approve <br />MR39 Rock mulch application in Pond 016 area. Approve <br />MR40 Updated permanent features and disturbed Approve 2 <br />areas boundary. <br />MR41 Updated tree and shrub planting list. Approve 2 <br />SL4 Phase I bond release of 115.5 acres. Approved 11/9/2012 - $452,336.00 <br />