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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 Yoast Mine conducted on December 28, 2005 by Mike Boulay of the DMG. Roy Karo of Seneca Coal Company (SCC) was present during the entire inspection. Weather conditions were sunny and cold. Ground conditions at the mine site were wet and mostly snow covered. The dragline had previously been operating in the Wolf Creek Pit in the Yoast South area, but was down for repair at the time of this inspection. Availability of Records All required records were on file and available for review at the mine office. Renewal of the NPDES Permit is still pending review. SCC has received a Draft Renewal Permit for the Seneca Mine complex. Roads Only portions of the site were accessible due to snow packed road conditions. Haul Roads A and B and the access into the current active pit azea had all been bladed and were accessible, but very wet and muddy. Road drainage run outs, road berms and ditches along Haul Roads A and B were all snow covered. Coal was being hauled from the mine at the time of the inspection. Scrapers were needed to push the haul trucks up and out of the pit where coal was being loaded. Hydrologic Balance Sedimentation Pond 010 was viewed from Haul Road A. Pond 010 was snow covered and appeazed to be holding a significant amount of water. Pond 012 was viewed from above on the active pit haul road. Pond 012 was snow covered and was neazly full. The road leading to Pond 011 was inaccessible due to heavy snow pack. Backfill & Gradine Although there were no dozer operators active at the time of the inspection, SCC has made good progress in backfill and grading the northern end of the Wolf Creek Pit in the Yoast South area. It appears that approximately one-third of the final highwall at this location has been rough backfilled by pushing spoil material up against the highwall.