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Mr. Dave Berry <br />Coal Program Supervisor <br />Division of Minerals and Geology <br />Page 4 <br />1. Complete reclamation by the approved plan contained in the permit application package; <br />2. Complete backfill and grading, topsoil redistribution, and seeding for all areas of the Yoast Mine in <br />accordance with the backfill and grading plan and schedule depicted on Exhibit 19-1A. <br />The required work was not completed by DMG's inspection visit on October 22, 2003 and CO-2003-012 was <br />issued with an abatement deadline of January 19, 2004. The abatement steps included: <br />1. Complete reclamation by the approved plan contained in the permit application package; <br />2. Complete backfill and grading, topsoil redistribution, and seeding for all areas of the Yoast Mine in <br />accordance with the backfill and grading plan and schedule depicted on Exhibit 19-1A. <br />Due to inclement (winter) weather conditions, a time extension was requested and granted until April 18, 2004. By <br />April the ground conditions were still too wet to replace topsoil and another time extension was requested and <br />granted until July 17, 2004. The work was completed and the CO terminated on July 21, 2004. <br />The circumstances surrounding the initial violation resulted from the lack o£ sufficient equipment or manpower to <br />replace the original haul road and complete the rough backfilling and grading of the pit in a timely manner. <br />• CV-2003-008 (July 21, 2003) <br />Pond 012 was originally over excavated to remove some very soft alluvium in the bottom of the drainage. Removal <br />of this material in the area of the pond removed a "toe buttress" and allowed the steep north side slope consisting of <br />unconsolidated material to slump. <br />Haul Road "D" was built above the slump areajust after Pond 012 was built. The haul road berm was built over fill <br />material, which added load the unconsolidated material causing additional slumping/slides. The area has been <br />regraded more than once and appears stable after each regarding effort, however during subsequent spring <br />runoff/wet seasons the area slumps more. The haul road has since been abandoned and only a ditch remains; <br />however the unconsolidated material below the ditch may not be totally stabilized. In order to achieve the <br />minimum recommended 3H:1 V slope the area at this time would require loading of the unstable toe of the slope <br />above the pond or significant cutting into the existing ridge creating additional material disposal. SCC has an <br />approved backfill and grading plan that will stabilize the area as soon as the haul road through the Valora Pit area is <br />no longer needed. <br />Adequate manpower, equipment availability and time are other contributing factors affecting the remediation of this <br />area. <br />Note. The integrity or capacity of Pond 012 has not been compromised! <br />• CV-2004-002 (June 30, 2004) <br />Culverts YB-1 and YB-6 were not maintained to safely pass the 10-year/24-hour precipitation event, i.e., partially <br />plugged. This violation is a result of SCC installing the size of culvert originally calculated to pass the 10-yr/24-hr <br />storm event at a relatively flat grade. Therefore any sediment buildup impacts the culvert capacity and becomes <br />liable for a violation. These culverts had been a problem following most rainstorms and had been scheduled for <br />replacement during the 2004 reclamation season. (This scheduling took place prior to the issuance of the violation). <br />