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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 inspection of the Yoast Mine conducted on November 13, 2003 by Mike Boulay of the DMG. Roy Karo of Seneca Coal Company (SCC) was present during the entire inspection. Weather conditions were cloudy and cold. Ground conditions at the mine site were wet and partially snow covered. Only portions of the site were accessible due to muddy and saturated road conditions. Two Cessation orders were issued on October 22, 2003 for two areas of the Yoast Mine where abatement steps were not completed within the required timeframes for violations CV-2003-006 and CV-2003-007. These locations aze the North Pit including Pond 011, and the area designated For backfill and grading in 2001-2002. These locations were assessed during this inspection to determine progress made in completing the abatement steps required for termination of the cessation orders. Hydrologic Balance Cessation Order CO-2003-011 was issued on October 22, 2003 for the North Pit azea and Pond 011, for: failure to clean Pond 011 and failure to install Postmine Channels YPM-9 and YPM-10 (Abatement Steps 2 and 3 ofNOV CV-2003-006). On October 27, 2003, the operator indicated via e-mail that YPM-9 and YPM-10 have been completed in the North Pit. This was verified during this inspection. It was also verified during this inspection that Pond 011 has been successfully cleaned out and the required capacity of the Pond has been restored. The operator surveyed the pond on 11/12/03 and the survey information shows that the capacity of the pond is 3.8 acre-feet. The total capacity of the pond as shown on the Pond 011 As-Built is 3.17 acre-feet. The abatement deadline for CO-2003-011 was November 11, 2003. Based on information submitted by the operator and this inspection, it is evident that the operator successfully completed the required abatement steps on or before November 11, 2003. CO-2003-011 will be terminated as of the date of this inspection. Ponds 010, 012, and 014 were also viewed. Ponds 010, 012, and 014 were all retaining water but not discharging at the time of this inspection. Good progress has been made in the construction of Pond 013 since the last inspection. The embankment, inlets and discharge structures have all been completed. Work was in progress to complete the emergency spillway. Backfill & Grading Topsoil, and Reve etation The azea designated for backfill and grading in 2001-2002 as shown on Exhibit 19-IA has not been completed. This azea is located adjacent to the 2003 vaziance azea immediately south of the Valora Pit. Cessation Order CO-2003-012 was issued on October 22, 2003 for failure to