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Sandy Brown <br />October 29, 2004 <br />Page 6 <br />between each mine site. DMG inspectors are often told that certain projects cannot be <br />completed because the necessary equipment is at another mine location. It is the <br />Division's belief that sufficient resources must be allocated to keep all three mines in <br />compliance. <br />As stated in 5.03.3(2)(c), the Administrator may decline to issue a show cause order, if he <br />finds that, given exceptional circumstances of a particular case, it would be demonstrably <br />unjust to issue the order. The basis of this finding shall be fully set forth in the case <br />records. <br />Two recent meetings (September 23 and October 28, 2004) have been held between the <br />Division, SCC staff and management, and Peabody Energy corporate managers. I <br />believe that SCC and Peabody Energy collectively have shown exemplary effort in <br />rectifying the noncompliant situation that existed at the Yoast Mine. All violations <br />associated with the pattern of violations have been through the administrative process. <br />All violations including the two cessations orders have been successfully abated by SCC <br />and terminated by the Division. SCC has paid all civil penalties. SCC committed to the <br />Division to accomplish all outstanding reclamation and permitting tasks and to fully <br />comply with the Division's performance standards. This commitment is being fulfilled <br />on the ground. During my recent inspection in October, I noted that the 2004 backfill and <br />grading requirements are approximately 90% completed for the Yoast Mine. SCC is on <br />track for completing all required reclamation tasks for the 2004 calendaz year. SCC has <br />committed additional resources to effect compliance with contemporaneous reclamation <br />requirements and other performance standazds related to the hydrologic balance and <br />sediment control. <br />c: David Berry <br />