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Ill. 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. Notice of Violation CV-2003-007 is being 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 reclamation schedule and established timeframes. Please complete backfill and grading, topsoil redistribution, and seeding in all areas of the Yoast Mine in accordance with the approved backfill and grading plan and schedule depicted on Exhibit 19-1A. Slides and Dama¢e The slide azea below the Haul Road D embankment above Pond 012 was inspected. This slide initially occurred in Mazch 2000, and was detected on the afternoon of Mazch 6, 2000 during a DMG inspection. Following the March, 2000 inspection, the DMG requested that SCC submit the following: 1) results of monitoring and geotechnical analyses that had been conducted to date, 2) the As-Built Certification for Pond 012, and 3) a technical revision for restoration of the slope above Pond 012 supported by a geotechnical analysis and stability analysis. SCC responded by submitting TR-18 providing the remedial repair plan and slope stability analysis for the landslide azea above Pond 012. The report and repair plan were prepared by Montgomery Watson Harza (MWH) for SCC. This technical revision (TR-18) was approved on October 3, 2001 and was incorporated into the permit as Attachment 13-12B, Pond 012 Landslide Repair Plan and Subsequent Slope Stability Analysis. In this attachment several slope stabilization methods were proposed. However, none of the slope stabilization methods were ever fully implemented. Only preliminary efforts have been undertaken to stabilize the slope. These have included regrading of the failed slope, hydro mulching of the failed slope, moving the Haul Road D slightly further into the hill to the east and building a safety berm along the road embanlanent, canting the road surface to an inside ditch, and building a road drainage run out above the slide area on the outside edge of the road to further prevent surface water infiltration on the safety berm and slide damaged area. Slope stabilization methods that were proposed for the slide include: slope flattening, toe reinforcement, slope buttressing, stone or concrete columns, and subsurface drainage. Of these alternatives, only slope flattening was partially implemented by regrading the failed slope. It should be noted that the slope flattening alternative also indicated that intermediate benches may be included to reduce the average slope and the unstable soil mass would be removed and compacted. The DMG does not concur that the slope flattening alternative was ever fully and successfully implemented at the site of the slide.