2013-05-23_ENFORCEMENT - C1992080

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SCHEDULE TO NOTICE OF VIOLATION Notice of Violation No.: CV- 2013 -005 NATURE OF VIOLATION: Failure to Minimize Damage to the Prevailing Hydrologic Balance Within the Permit Area. Failure to construct and maintain appropriate sediment control measures to minimize erosion; failure to construct the Carbon Junction Permanent Diversion as designed; failure to reestablish the Carbon Junction Channel to functionally blend with the undisturbed drainage above and below the area to be reclaimed; failure to minimize erosion and to regrade, topsoil and revegetate the land affected by the temporary diversion. ACT, REGULATION, OR PERMIT PROVISION(S) VIOLATED: ACT SECTION(S): 34- 33- 120(2)0)(II) REGULATION 4.05.3(1); 4.05.3(3); 4.05.3(6); 4.05.3(7); 4.05.5(1)(c); 4.05.5(2)(e); SECTION(S): 4.05.5(2)(f) PERMIT SECTION(S): Section 2.05.3(4); Mine Hydrology Map; Site Cross Sections; Post Mining Topography Map PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: Upper Carbon Junction Channel, Carbon Junction Permanent Diversion, Carbon Junction Temporary Diversion STEPS NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION): Abatement Step # Description 1 Submit a complete Technical Revision to the permit that accurately represents the as -built configuration of the Carbon Junction Permanent Diversion, with supporting design details per Rule 4.05.3. This revision shall also include an updated, accurate post- mining topography map for the entire permit area and a map delineating the Carbon Junction drainage area. 2 Submit a complete Technical Revision to the permit that presents designs and plans for reestablishment of the Upper Carbon Junction Channel, including the un -named tributary that enters the drainage from the east, and reclamation and stabilization of the Carbon Junction Temporary Diversion and gully erosion. [The Upper Carbon Junction channel segment runs from the undisturbed channel upstream of the North Pit down to the beginning of the rip- rapped Carbon Junction Permanent Diversion, a distance of approximately 1900 feet.] 3 Repair and stabilize the gully erosion that has formed in the Carbon Junction Temporary Diversion, according to the approved plan required by Abatement Step #2. 4 Reestablish the Upper Carbon Junction Channel, including the un -named tributary that enters the drainage from the east, according to the approved plan required by Abatement Step #2.