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Mr. Dave Berry <br />Coal Program Supervisor <br />Division of Minerals and Geology <br />Page 5 <br />Excessive erosion had occurred in the undisturbed channel down stream of YB-6. Remediation schedule of this <br />area had been scheduled prior to issuance of the violation (per 2003 Annual Reclamation Report and Rill and Gully <br />Plan, submitted in March and April 2004). <br />SCC fully recognizes that ongoing reclamation and abatement of violations has not been conducted to the <br />Division's expectations. However, we assure the Division we have no intention of avoiding our responsibilities to <br />rehabilitate the mined lands, or to correct any potential violations as is further evidenced by recent permit and <br />reclamation activities. We are fully committed to remedy the circumstances that lead to the enforcement actions <br />and subsequent responsiveness to abatement time lines that occurred at the Yoast mine over the past year. While <br />we have fallen short of these expectations over the past two (2) years, we are redoubling the effort to comply with <br />all environmental rules and regulations relevant to the mines both now and in the future. The Division can be <br />assured that this will once again be an award winning mine. <br />Sincerely, <br />Gregg Kitchen <br />General Manager <br />Seneca Coal Company <br />cc: Sandy Brown (DMG) <br />Chuck Burggraf (Peabody Energy) <br />Maxk Yingling (Peabody Energy) <br />Mike Kegley (Peabody Energy) <br />Brian Dunfee (Peabody Energy) <br />Roy Karo (Seneca) <br />Bob Shevling (Seneca) <br />