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III. COMMENTS -COMPLIANCE Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. This was a complete quarterly inspection of the Seneca II-W Mine, including surface affected areas and office records. Roy Karo, Reclamation Manager, was present during the inspection. Weather during the multiple day inspection was clear to cloudy, with seasonable temperatures; soils were moist with muddy conditions and remnant snow cover in some areas from mixed snow and rain the previous week, and some light snow during the period of inspection. At the time of the inspection, the dragline was operating in the southern-most segment of the Wadge Mining Area, near the north end of the Pond 17 drainage basin. Since the previous site inspection, the boxcut for the northern Sage Creek/Wolf Creek boxcut had been opened and initial coal removal had occurred. Overburden drilling had been completed for the next pit excavation in this area, with blasting to be conducted shortly. Mr. Karo indicated that the dragline would shortly move from the Wadge Pit back to the northern Sage Creek/Wolf Creek block. Two Notices of Violation were issued as a result of the inspection, NOV CV-2003-014 and NOV CV-2003-015. These enforcement actions are described here below. Description of Enforcement Actions NOV CV-2003-014 NOV CV-2003-014 was issued November 21, 2003, based on observations made during the field inspection November 18 through November 20. The NOV was issued for fai/ure to stabilize or repair ri/ls and gullies in compliance with the approved permit plan and schedule, including all gullies identified as requiring repair on the 2003 Rill and Gully Survey Map, and additional gullies described in the Division's Inspection Report dated 8-05-03. The NOV applied to A// rec/aimed area %mproved Channe/" and No Defined Channe/" gullies within the "D^ Pit and A^ Pit reclamation areas delineated on the 2003 ri// and gully survey map, & additional gullies described on pages 5 and 6 of the Division's 8-5-03 inspection report. The Remedial Abatement (Step 1), is to Submit a detai/ed repair p/an (Minor Revision/ addressing stabi/ization measures to be employed on gullies described under Portion of the Operation... ^ /nc/ude commitment to eliminate old contour ditches that have caused or exacerbated gully erosion. Submit Plan by 1-9-04. Final Abatement (Step 2), is to /mplement and Comp/ete approved p/an required by Step 1, by February 19, 2004. Narrative on page 34 of the approved permit application includes the following commitments: Peabody wil/ submit to the Division 6y June 1 of each year, a copy of the map identifying the rill and gully areas a/ong with a ril/ and gul/y stabi/ization p/an that