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IV. ENFORCEMENT ACTIONS <br />The following identifies enforcement actions taken during this inspection, the required abatement and <br />date of abatement for the violation, previous violations still requiring abatement and the termination of <br />violations cited during previous inspections. <br />Three separate enforcement actions as described below were issued on July 21, 2003. The <br />Division has assessed the proposed civil penalties for all three violations and issued Notices of <br />Proposed Amount of Civil Penalties on August 15, 2003. Based on this inspection, it does not <br />appear that SCC has begun abatement measures for the three violations at the Yoast Mine. <br />NOV CV-2003-006 was issued for: <br />• Failure to protect topsoil from water erosion during redistribution and before and after it <br />is seeded and planted [Rule 4.06.4(2)(d)]; <br />Failure to construct and maintain appropriate sediment control measures to: minimize <br />erosion to provide protection for topsoil, vegetation, and the hydrologic balance [Rule <br />4.05.5(1)]; and <br />Failure to retain sediment within disturbed azeas; failure to divert runoff using protected <br />channels so as not to cause additional erosion; and failure to implement measures that <br />reduce overland flow velocity, reduce runoff volume, or trap sediment [Rule 4.05.5(2)]. <br />Notice of Violation CV-2003-007 was issued for failure to comply with permit conditions, <br />failure to complete rough backfilling and grading within 180 days following coal removal [Rule <br />4.14.1(c}], and for failure to conduct topsoil redistribution and seeding according to reclamation <br />schedule and established timeframes. SCC has failed to seed and plant disturbed azeas during the <br />first normal period for favorable planting conditions after final prepazation for seeding and <br />planting [Rule 4.15.3(1)]. Reclamation activities have not been conducted in a manner <br />consistent with contemporaneous reclamation practices or in accordance with the approved <br />Backfill & Grading Plan (Exhibit 19-1A). <br />Notice of Violation CV-2003-008 was issued for: failure to comply with remedial measures <br />required by the Division [Rule 4.12(2)], and for failure to stabilize by vegetation or other means <br />the azeas surrounding an impoundment [Rule 4.05.9(9)]. <br />NOTE: Attach appropriate VIOLATIONS or CESSATION ORDER CODING FORMS <br />Revised 2/97 <br />