I don't consider the digging an imperfection. It is at the very core of what the coin is about. It's all over the branding. It is rediscovered by new community members every time the price goes up. It is the main thing that makes this coin different from many other pure PoS coins.
Furthermore I don't see blacklisting the undug clams as particularly different from any other blacklisting. They are literally just outputs on the blockchain that happen to be in blocks 0-10000.
Funny thing is, some of us think that much, much greater "uncertainty" will haunt the coin forever if it is changed, because it will be clear that such changes are acceptable to the community and no one can ever know what other changes will be popular in the future. Unless you buy in as a massive whale who can vote to protect your own interests, you will need to just stay away.
So yes, if you want something that is effectively "WhaleCoin", then do this. I don't think that can work, but I may be wrong. It certainly can work if the idea is to never grow beyond JD. The CLAM = WhaleCoin = JD casino chips model probably works as long as JD's whales are trusted to redeem the chips at some reasonable value.