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Sandy Brown <br />October 29, 2004 <br />Page 3 <br />runoff, SCC has been requested to complete the construction of the new sediment pond <br />and channel by fall of 2004. <br />During the July 2003 complete inspection, it was also noted that backfill and grading <br />operations had not been completed in a manner consistent with contemporaneous <br />reclamation practices or in accordance with the approved Backfill & Grading Plan <br />(Exhibit 19-IA). The area designated for backfill and grading in 2001-2002 had not been <br />completed. SCC failed to meet compliance with the approved schedule and reclamation <br />timetable for this area. <br />Notice of Violation CV-2003-007 was issued on July 21, 2003 for failure to comply with <br />permit conditions, failure to complete rough backfilling and grading within 180 days <br />following coal removal [Rule 4.14.1(c)], and for failure to conduct topsoil redistribution <br />and seeding according to reclamation schedule and established timeframes. SCC failed <br />to seed and plant disturbed azeas during the first normal period for favorable planting <br />conditions after final prepazation fot seeding and planting [Rule 4.15.3(1)]. SCC failed to <br />complete the steps necessary for abatement of NOV CV-2003-007 by the abatement <br />deadline of October 20, 2003 and Cessation Order CO-2003-012 was issued as a result. <br />Cessation Order CO-2003-012 was issued on October 22, 2003 for failure to comply with <br />permit conditions, and failure to complete rough backfill and grading within 180 days <br />following coal removal. SCC failed to meet permit commitments for topsoil <br />redistribution and failed to seed and plant disturbed azeas during the first normal period <br />for favorable planting conditions. <br />Steps necessary to abate the CO included: 1) complete reclamation required by the <br />approved plan contained in the permit application package, and 2) complete backfill and <br />grading for all areas of the Yoast Mine in accordance with the backfill and grading plan <br />and schedule depicted on Exhibit 19-1A (Abatement Steps 1 and 2 ofNOV CV-2003- <br />007). The time for abatement was set at 90 days or on or before January 19, 2004. SCC <br />requested and was granted two sepazate extensions due to climatic conditions. The CO <br />was abated and terminated on July 21, 2004. <br />On December 18, 2003 an Assessment Conference was held at the DMG office between <br />SCC representative Roy Kazo and DMG representatives Sandra Brown, Jim McArdle, <br />and Mike Boulay. As a result of the Assessment Conference and based on the testimony <br />presented by DMG and the operator, two components of the proposed civil penalty were <br />modified. Although specific components of the civil penalty were modified the amount <br />of the civil penalty remained the same. SCC paid the civil penalties for both the NOV <br />($1,500) and the CO ($2,800). <br />NOV CV-2003-008 was issued on July 21, 2003 for the slide located below the Haul <br />Road D embankment, above Pond 012. NOV CV-2003-008 was issued for: failure to <br />comply with remedial measures required by the Division [Rule 4.12(2)], and for failure to <br />stabilize by vegetation or other means the areas surrounding an impoundment [Rule <br />