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SCHEDULE TO NOTICE OF VIOLATION <br />Notice of Violation No.: CV- 2013 -008 <br />NATURE OF VIOLATION: <br />Failure to maintain ditches, culverts and berms in compliance with the approved design, in violation of Rule <br />2.07.7(7) <br />Several distinct issues fall under the same "umbrella" notice of violation. All of these issues had been raised in <br />previous inspection reports but had remained unaddressed, or partially addressed. The issues are listed below, <br />together with a reference to the rule(s) that they violate: <br />a. The clean water diversion ditch above the west fan was overgrown with vegetation and indistinct in <br />places - 4.05.3(1) <br />b. Clean water diversion ditches D29 and D29B were overgrown with vegetation - 4.05.3(1) <br />c. On the south side of clean water culvert C2 there was no berm in place to prevent surface drainage <br />from a disturbed area (the C &W Train Shop area) from entering the clean water system and <br />discharging to the Purgatoire River before treatment in a sediment pond - 4.05.3(1) <br />d. Culvert C4 had previously been removed. The channel where it used to be was too shallow, meaning <br />that water was impounded - 4.05.9(1) <br />e. Clean water diversion ditch D7 was overgrown with vegetation - 4.05.3(1) <br />f. Ditch D9 and the inlet to culvert C5 were partially blocked by vegetation and non -coal waste - <br />4.05.3(1) <br />g. There was a low spot in the berm at the "new water tank" SAE - 4.05.3(1) <br />h. Clean water diversion ditch D26 was partially blocked with rocks, non -coal waste and vegetation, <br />and was indistinct in places - 4.05.3(1) <br />i. The upland diversion ditch above the RDA had large puddles in two places, the eastern -most of <br />which had breached - 4.05.3(1), 4.09.2(7), 4.10.3(2) <br />j. A section of culvert C41 was missing - 4.05.3(1) <br />k. Culvert C73 was partially blocked with accumulated sediment - 4.05.3(1) <br />1. Culvert C19 was partially blocked with accumulated sediment - 4.05.3(1) <br />ACT, REGULATION, OR PERMIT PROVISION(S) VIOLATED <br />ACT SECTION(S): 34- 33- 120(2)(j); 34 -33- 121(2)(0, 34- 33- 120(2)(v)(III) <br />REGULATIONSECTION(S): 2.07.7(7),4.05.')(1),4.09.2(7),4.10.'1(2) <br />PERMIT SECTION(S): 2.053(4) <br />PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: <br />Diversion ditch(es) above the West Fan; Upland diversion ditch above the RDA; Ditches DT D9, D26, D29 and <br />D29B; Culverts C2, C4, C5, C19, C41 and C73; Small Area Exemption at the neiv kvater tanks <br />STEPS NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION): <br />Abatement Step 4 Description <br />1 Clear culverts C73 and C 19 of accumulated sediment to restore them to the approved design <br />Establish a berm to the south of culvert C2 that will prevent runoff from the shop area flowing <br />into the clean water diversion system <br />