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Mr. Dave Berry Coal Program Supervisor Division of Minerals and Geology Page 3 1. Repair rills and gullies that have formed at the North Pit and redistribute topsoil and seed all areas in accordance with the approved reclamation schedule; 2. Clean Pond 011 or provide survey information showing adequate capacity in accordance with Rule 4.05.6(3); 3. Install Postmine Channels YPM-9 and YPM-10; 4. Repair the gully east of the North Pit, and provide a design and plan demonstrating compliance with Rules 4.05.3 and 4.05.5. The plan should include interim means for protecting the undisturbed area from further erosion. The required work was not completed by DMG's inspection visit on October 22, 2003 and CO-2003-011 was issued with an abatement deadline of November 11, 2003. The abatement steps included: 1. Complete construction of Postmine Channels YPM-9 and 10; 2. Clean and remove sediment from Pond 011. The CO was abated on November 11, 2003. SCC's original plan was to clean out Pond 011 and repair the drainage channel at the same time. However, there was a question about the damage being outside of the permitted disturbance boundary and how to access the area. DMG, on October 9, 2003, issued a Modification Notice which modified the abatement step 4 to read .... "Repair the gully east of the North Pit or provide a design and plan demonstrating compliance with Rules 4.05.3 and 4.05.5. The plan should include interim means for protecting the undisturbed area from further erosion ". SCC elected to develop a remediation plan and submitted TR-24 (October 8, 2003). The revision included plans for constructing Pond 011 A and reconstructing the damaged channel. Due to the timing of the revision approval (March 2, 2004) and The weather conditions, the construction of Pond O11A and the channel reconstruction were delayed until the summer 2004. The delay in cleaning out Pond 011 before October 23ro was due to the inability to hire a trucking contractor until Oct 22, 2003. Channels YPM-9 and 10 were not completed according to schedule, which allowed excessive erosion to form in the channel locations. There was a problem of riprap supply due to the fact the supplier can produce and deliver only about 100 tons/day during the summer months. During the summer of 2003, Seneca II Mine rock delivery was a priority. The issues of protecting topsoil from water erosion during redistribution and before and after it is seeded is an ongoing problem due to the severe topography and flashy nature of precipitation events and periodic rapid snowmelt. SCC has used cover crops and contour farming where possible. However, annual rill and gully repair continues to be required. • CV-2003-007 (July 21, 2003) The area (Valora Pit) was scheduled for backfill and grading in 2001-2002. Mine plan changes and transportation issues affected the ability to finish the backfilling and grading in that SCC had to use the north Valora Pit as a coal haul route to replace Haul Road "D" that was closed due to the Pond 012 area slides. CV-2003-007 was issued (July 21, 2003) and the abatement date established for October 20, 2003 and the steps to abate included: