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Page 4 <br />SCC <br />10/28/04 <br />Maintenance at the lower Armand Draw drainage will be necessary. Erosion was noted in the <br />drainage during the October 19 inspection. Since the date that the violation was terminated <br />(September 28, 2004), some portions of the channel have eroded and 3 of the 6 rock check dams <br />have sustained some level of damage apparently as the result of a recent storm. Additional <br />downcutting was observed between the two lower rock check dams. This is the area where [he <br />original gully was deepest and most eroded. SCC utilized trees and branches to backfill and <br />repair the gully. During the October inspection several feet of erosion were evident and a portion <br />of the tree trunks and branches were noted to have washed out of the gully and deposited <br />downstream. The lower two check dams trapped an abundance of silt and sediment. The erosion <br />caused by the recent storm, the siltation above the check dams, and any damage caused to the <br />check dams must be repaired as soon as weather permits. The Division is concerned about the <br />potential impacts from spring runoff and will be monitoring this location. <br />During the October inspection, it was also noted that what appears to be a settlement crack is <br />beginning to appear on the south-facing slope of the "2001-2002 polygon". This was the location <br />of Cessation Order CO-2003-012 and is referred to by SCC as the North Valora Pit highwall. <br />SCC has committed (see Tab 20 pg. 2 of approved PAP) to address the settlement and highwall <br />exposure concern by monitoring this area for settlement, surface cracks, and any highwall <br />exposures. SCC anticipates that any surface cracks or highwall exposures that may occur will be <br />localized and of limited extent and can be repaired by minor regrading and reseeding. To ensure <br />compliance, SCC should investigate this area as soon as weather permits and make repairs as <br />needed. <br />The permitting backlog has been an issue at each of the mines. SCC has made a commendable <br />effort to correct this situation. Recent submittals and correspondence reflect the increased effort. <br />SCC has committed to complete future permitting actions in a timely manner. This will ensure <br />that the approved reclamation maps and all reclamation activities are consistent with an approved <br />schedule and plan. <br />The Division appreciates SCC's increased dedication to the permitting activities and to the <br />completion of reclamation projects. <br />c. Chuck Burggraf, Peabody Energy <br />Mark Yingling, Peabody Energy <br />Sandra Brown <br />