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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 partial inspection of the Seneca II Mine conducted on September 18, 2006 by Mike Boulay of the DMG. Roy Kazo of Seneca Coal Company (SCC) was present during the entire inspection. Weather conditions were sunny and warm with a few clouds. Ground conditions were dry throughout the majority of the site. There was no activity at the mine site during the inspection. Backfilling and Grading The focus of this inspection was the pre-law lands located in the northern part of the permit azea. There are steep drainages to the north and south on either side of the old Wolf Creek Pit. Spoil has been cast from the lower pre-law areas along the canyon to the south from the start of Post- Mine Channel PM-5 up to an undisturbed area below the old Wolf Creek Pit. During the recent Phase I bond release inspection the southern canyon was not inspected due to time constraints. As part of this inspection, the entire length of PM-5 in the southern canyon was inspected up to the undisturbed ground below the old Wolf Creek Pit. In comparison, the lower Wadge spoil area is much better vegetated and appeazs more stable than the upper Wolf Creek pit area. The Wadge spoil is less acidic than the Wolf Creek spoil and provides a more suitable medium for plant growth. One significant gully was identified in the pre-law lands azea. This gully was not previously identified during the Phase I bond release inspection but will be noted here and included in the Phase I bond release decision document. The gully is in the location of what appears to be the remnants of an old road located in the Wadge coal removal azea to the northeast and above the PM-5 drainage. The gully also appeazs to be eroding into the coal outcrop and coaly material is exposed at the surface. The gully/eroded azea was measured to be approximately 450 feet long by approximately 19 feet wide. The gully does prohibit successful revegetation and should be regraded or stabilized and reseeded.