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III. COMMENTS -COMPLIANCE Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. This was a complete inspection of the Seneca II Mine conducted on January 24, 2006 by Mike Boulay of the DMG. Roy Karo of Seneca Coal Company was present during the entire inspection. Weather conditions were sunny and cold. The entire mine site was snow covered at the time of the inspection. There was no activity at the mine site during this inspection. Availability of Records The availability of records was checked at the Seneca II Mine office on January 24, 2006. All required records were on file and available for review with exception of the following: SCC has prepazed as-built reports for Sedimentation Ponds 002, 003, and the Truck Wash facility ponds and as-built certifications for spillway modifications at Ponds 004 and 008 with the submittal of TR-37. Approval of these pond certifications is pending with TR-37. SCC's NPDES Permit expired in 2002 and is still under administrative extension and is pending approval by the CDPHE. Roads Road surfaces site wide were snow packed. The majority of the mine site was not accessible due to drifted snow. The Pre Law Road and Road E had been plowed and were accessible up to the locations of the oil wells. All road ditches and culverts along these roads were snow covered. An attempt was made to access the site through Road E1, but due to drifted snow and icy conditions the reclaimed areas of the mine site and Ponds 004 and 008 could not be inspected. Hydrologic Balance Ponds 002, 003, the PECOCO Pond, Truck Wash Ponds, and the spill control pond were viewed. Ponds 002 and 003 were full and dischazging a small amount of clear water. The Truck Wash supply pond was full and dischazging cleaz water, the holding pond was retaining only a small amount of water. The spill containment pond was snow covered but retaining no water. The PECOCO Pond was entirely snow packed and did not appeaz to be discharging. No problems were noted at any of the accessible pond locations. Sunoort Facilities The new boneyazd and the shop areas were the only locations cleared of snow. Road scrapings aze stockpiled at the backside of the facilities azea above the ditch leading to Pond 003. Please monitor this area to ensure that road scrapings are not inadvertently placed into the ditch.