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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 October 11 and 12, 2007 by Mike Boulay of the DRMS. Dennis Jones of Seneca Coal Company (SCC) was present during the entire inspection. Weather conditions were sunny and cool and Bound conditions were dry. Cattle's grazing of the mine site has ended for the fall and winter months. There was no activity at the mine site during the inspection. Avai]ability of Records The availability of records was checked at the Seneca Mine office on October 12, 2007. The Certificate of Liability Insurance has expired on 10/1/2007. Please update the records file with a current certificate. All other required records were on file and available for review at the Seneca Mine office. See the attached records checklist at the end of this inspection report. Roads The entire mine site was accessible. The site had received significant rainfall in the recent past and this has caused some damage to the Pond 008 access road. A significant rill has formed and runs down the center of the access road. This should be repaired to prevent further erosion. All other roads were generally in good condition and maintained. Hydrologic Balance Sedimentation Ponds 002, 003, 004, 008, the PECOCO Pond, and the Truck Wash Facility ponds were inspected. All of the sedimentation ponds were full and discharging clear water. The PECOCO Pond was also full and discharging clear water. The Truck Wash supply and settling ponds were both retaining water. The supply pond was discharging to the perimeter ditch. The Diesel Storage containment pond was dry. Stock tanks visible from the permanent roads were all retaining water but none appeared to be discharging. Pond inlets, embankments and discharge structures at all sedimentation ponds and impoundments were stable and no problems were noted at these locations. Postmine drainage channels were stable and functioning as intended. The lower end of PM-6 had flowing water due to the spoils spring that enters the channel above road E1. All other post mine drainage channels, road ditches and road drainage run outs were dry. It was apparent that some recent repair work was completed around the upper end of the shrub plot study area. The diversion ditch around the shrub plot has been dressed up and repaired in a couple of locations. The erosion down through the east side (unfenced portion) of the shrub plot