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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 September 4, 2003 by Mike Boulay, Dan Mathews, and Sandy Brown of the DMG. Robert Shevling and Roy Karo of Seneca Coal Company (SCC) were present during the entire inspection. Weather conditions were sunny and cool and ground conditions at the mine site were dry. The purpose of this inspection was to view progress that has been made at the three locations where violations were issued in July 2003. Hydroloeic 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). Substantial progress has been made in repairing the rills and gullies that had formed in the North Pit. Topsoil redistribution is being completed. Post Mine Drainage Channels YPM-9 and YPM- l Oneed to be constructed, and all areas of the North Pit need to be seeded by the abatement deadline of October 20, 2003. The lazge gully that has formed east of the North Pit was inspected. There has been no remedial repair work at this location since the issuance of NOV CV-2003-006. DMG and SCC representatives walked the entire length of the gully down to Pond 011. The drainage channel between the North Pit disturbance boundary and Pond O11 is significantly eroded and based on this inspection it is evident that mining operations have substantially contributed to the erosion in this previously undisturbed drainage. Pond Ol 1 was dry at the time of this inspection, but very full of sediment. Abatement steps required for this location include: Repair the gully and provide a design and plan demonstrating compliance with Rules 4.05.3 and 4.05.5 for conveyance of overland flow and stream channel reconstruction through this azea. SCC is also required to clean Pond 011 or provide survey information showing adequate capacity in accordance with Rule 4.05.6(3). Please refer to all abatement steps and deadline shown on page 3 ofNOV CV-2003-006. Backfill & Grading Topsoil, and Reve etation The azea designated for backfill and grading in 2001-2002 as shown on Exhibit 19-1A 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. This area is located adjacent to the 2003-2004 variance area immediately south of the Valora Pit. Substantial backfill and grading work is underway at the location of the former Valora Pit. Please complete backfill and grading, topsoil