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~~" <br />,.. <br />Cattany <br />Page 2 <br />December 22, 2003 <br />was issued on October 22, 2003 for failure to complete the remedial actions required to abate <br />NOV CV 2003-007. The abatement deadline for CO-2003-012 is 90 days (on or before January <br />19, 2004). <br />Since the issuance of the failure to abate cessation order, the 2001-2002 area has been rough <br />backfilled and graded. However, topsoiling and seeding activities have not been completed in ' <br />this area. Our rules require that seeding and planting of disturbed azeas shall be conducted <br />during the first normal period for favorable planting conditions afrer final preparation for seeding <br />or planting. Topsoil redistribution and seeding is generally not possible due to climatic <br />conditions during the winter months at the Yoast mine. The topsoiling would require that topsoil <br />be placed over saturated (snow covered or extremely muddy) spoil and placement by scrapers <br />under these conditions causes deep ruts and unsafe operating conditions. <br />Therefore, Rule 5.03.2 (2)(c)(iv) applies as follows: "Where climatic conditions preclude <br />abatement within 90 days, or where, due to climatic conditions, abatement within 90 days clearly <br />would cause more environmental harm than it would prevent..." SCC believes that attempting to <br />place topsoil over snow covered saturated regazded spoil would cause more harm. The operator <br />has requested an extension to the abatement date be granted for topsoiling, seeding, and postmine <br />chanttel construction activities until climatic conditions improve. <br />I am requesting that the abatement deadline for CO-2003-012 be extended to April 18, 2004. <br />Please see the attached Extension of Time for Abatement Notice. <br />Please let me know if you have any questions, or require additional information. <br />c: Sandy Brown <br />David Berry <br />Enclosure <br />