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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 partial inspection of the Yoast Mine conducted on August 12, 2003 by Mike Boulay of the DMG. Lori Smith of Seneca Coal Company (SCC) was present during the entire inspection. Weather conditions were sunny and warm. Ground conditions at the mine site were dry. The dragline was not operating and coal hauling was temporazily down while the coal shovel was being cleaned. Hydrolo~ic Balance The North Pit area and the location to the east of the North Pit were inspected. This is the location of Notice of Violation CV-2003-006 (see Inspection Report issued 07/21/03). Approximately 30 to 40 acres remain to be topsoiled in the North Pit. Everything that has been topsoiled in the North Pit has been disced and ready to seed this fall. Approximately 100 acres have been topsoiled at the North Pit location. Of the topsoiled acreage, thirty three acres have been seeded. Approximately 70 acres remain to be seeded. The large gully that has formed east of the North Pit was inspected. There has been no remedial repair work at this location since the time of the last inspection and issuance of NOV CV-2003- 006. Pond 011 which received substantial sediment from the erosion of this gully was inspected. The pond is retaining less water since the time the azea was last inspected. It is appazent now that the pond is very full of sediment. This pond needs to be cleaned out as part of the abatement requirements of NOV CV-2003-006. An area approximately 500 feet northwest of Pond 011 inlet was inspected. This azea appeazs to be additional disturbance and is evident on an aerial photo taken by the DMG on July 24, 2003. Based on this site inspection and discussions with the SCC, the disturbance occurred prior to the issuance of the Yoast mine permit and the disturbance/sediment deposition at this location is from and old farm pond. The lazge gully continues through this location and down to the Pond 011 inlet. Backfill & Gradin¢, Tousoil, and ReveQetation During the July 2003 complete inspection, it was noted that backfill and grading operations have not been completed in accordance with the backfill and grading schedule shown on Exhibit 19- lA. The area designated for backfill and grading in 2001-2002 has not been completed. Notice of Violation CV-2003-007 was issued for failure to comply with permit conditions, failure to complete rough backfilling. and grading within 180 days following coal removal, and for failure to conduct topsoil redistribution and seeding according to the reclamation schedule and established timeframes.