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Yoast Mine <br />November 4, 2004 <br />reclamation is current. Future staffing and equipment will remain at levels adequate to <br />permit, mine and reclaim currently. <br />As of the October 18-19, 2004 inspection, deadlines for 2004 reclamation at the Yoast <br />Mine are 90 percent completed. The Division anticipates that all reclamation projects <br />permitted for completion this year will be finished. <br />SCC representatives provided considerable history regarding the circumstances at the <br />Yoast and other Seneca mines during the past couple of years in the October 28, 2004 <br />meeting. It is further documented in SCC's letter dated October 26, 2004. The surface <br />recoverable reserves at thaw mines aze nearly depleted. SCC was attempting to extract <br />coal in difficult terrain using a highwall miner to increase the longevity of the mine. <br />Equipment and manpower that were dedicated to reclamation activities were redirected to <br />the highwall miner and coal production. SCC has indicated that the highwall miner is not <br />performing at an acceptable level, and the project may have to be abandoned. Thus, the <br />sharing of equipment to prepare new highwall mine areas would not be necessary. <br />Equipment that was redirected to the highwall miner can be redirected to the reclamation <br />effort. <br />Mike and I believe that SCC has made considerable progress in addressing the <br />compliance issues that resulted in the pattern of violations and SCC is working to resolve <br />the pending permitting issues. SCC has committed to maintaining the necessary staff and <br />equipment to maintain permitting actions and to complete reclamation projects in a <br />timely manner. <br />Rule 5.03.3(2)(c) states the Director may decline to issue a show cause order, if he finds <br />that, given exceptional circumstances of a particular case, it would be demonstrably <br />unjust to issue the order. It is my belief that the issuance of a "show cause order" would <br />be demonstrably unjust at this time. If compliance issues continue, or if it appeazs that <br />the reclamation activities aze not occurring in a timely manner and/or aze not successfully <br />implemented, the Division should reconsider this recommendation. <br />Attachments: <br />Seneca Coal Company letter dated October 7, 2004 <br />Seneca Coal Company letter dated October 26, 2004 <br />Mike Boulay Memo dated October October 29, 2004 <br />