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Seneca Coal Company <br />Yoast Mine <br />Page 2 <br />the order. Based upon Seneca's reclamation performance and additional staffing and <br />equipment commitments, it is our belief that Seneca is adequately addressing the compliance <br />issues at this time. Given the specific circumstances involved in this case, and our belief that <br />Seneca has resolved the previous compliance issues, we find that, at this time, the issuance of a <br />`show cause order' would be demonstrably unjust. <br />Please understand that if compliance issues continue, or if it appears that the reclamation <br />activities are not occurring in a timely manner and/or are not successfully implemented, the <br />Division may be required to reconsider this matter. Thank you for your cooperation. <br />ce ly, ~ • , j <br />iZ~%..~~C.~C~~~ <br />Ronald W. Cattany <br />Division Director <br />cc. Mark Yingling, Peabody Energy <br />Chuck Burggraf, Peabody Energy <br />Roy Karo, Seneca Coal Company <br />David Berry, DMG <br />Sandra Brown, DMG <br />Mike Boulay, DMG <br />