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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the inspection <br />and the facts or evidence supporting the enforcement action. <br />This was a partial inspection of portions of the affected areas at Seneca II-W. The primary <br />focus of the inspection was to investigate and document the condition of the native <br />drainage channel reach between the "D" Pit regraded areas and the roadside stock tank <br />impoundment located immediately up-gradient from the Road G culvert above Pond 005. <br />This channel system conveys disturbed runoff from the "D" Pit area, but is otherwise <br />undisturbed by mining activities. For over a decade, peak flows through this segment of <br />channel were minimized due to the capture of runoff by mine pits and/or diversion of flow <br />via road ditches. The mine pits were backfilled and graded in 2002, and road ditch <br />diversions were eliminated after the 2003 spring runoff. A somewhat similar situation at <br />the nearby Yoast Mine also operated by Seneca Coal Company apparently resulted in <br />significant erosion along a native channel reach in 2003. The Division concluded that it <br />would be prudent to document the existing condition of the channel, and we have <br />requested the operator to submit a plan to minimize the potential for excessive erosion of <br />the channel reach that might occur during the early years of reclamation, before the <br />reclaimed watershed is fully stabilized by vegetation. <br />The inspection was conducted in the accompaniment of Bob Shevling of Seneca Coal <br />Company, and began at approximately gam near the lower end of the channel segment of <br />concern. Weather was clear and mild. In addition to the channel assessment, various areas <br />within the "D" Pit and "A" Pit reclamation areas were also inspected. <br />"D" Pit Native Drainage Channel Assessment <br />The subject channel segment runs for several hundred yards generally east to west between <br />the lower end of the "D" Pit regraded spoils at the upper end and the stock pond just above <br />the Road G culvert at the lower end. There is a fork at the upper end of the segment. The <br />open channel spillway of a stock tank impoundment located within the lower portion of the <br />graded spoils drains to the.north fork of the native channel. The north fork conveys runoff <br />from the major portion of the reclaimed watershed for a short distance down to the junction <br />with the south fork, forming the main channel. <br />The channel currently appears to be relatively stable, but it runs along the toe of a hillslope <br />to the north that has been subject to landslides in the past, and renewed downcutting along <br />the channel would likely trigger additional sliding. There are a number of nickpoints along <br />the channel with head cutting erosion, most of which looks fairly old, but some evidence of <br />additional cutting in the last few years. <br />I took 30 digital photos to document the condition of the channel and adjacent hillslopes. <br />Photo No. 757 was taken at the lower end of the channel segment just upstream from the <br />roadside stock pond. At this location, a road outlet ditch that had eroded and was <br />subsequently backfilled last spring, emptied into the channel. Photos 752 through 761 are <br />progressively upstream from the lower end of the segment, up to the point along the lower <br />channel segment where the channel is crossed by a four strand barbed wire fence. There is <br />a notable nickpoint approximately 100 yards up the channel from the 751photo point. At <br />this location there is a steep sided gully segment up to 15 feet deep, approximately 20 feet <br />