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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 Yoast Mine conducted on March 14 and March 15, 2005 by Mike Boulay of the DMG. Roy Karo of Seneca Coal Company was present during the entire inspection. Weather conditions were cloudy and cool on both days. A snowstorm had passed through the area prior to the inspection, however, ground conditions were only partially snow covered and the site appeazed relatively dry for this time of yeaz. Coal was being hauled from the mine site and the dragline was operating in the Yoast South azea. Haul Roads Haul Roads A and B were in good condition and mostly dry. Ditches and road drainage run-outs along Haul Roads A and B were damp but not flowing any water. The active Wolf Creek Pit area and Scraper Pit were accessible. The North Pit was not accessible due to some drifted snow and muddy road conditions. Hydroloeic Balance On the aflemoon of Mazch 15a', Mike Boulay of the DMG met with Dennis Jones Hydrologist for Seneca Coal Company and other representatives from Peabody Energy to discuss ground water points of compliance and the potential need for points of compliance at the Yoast Mine. Several important considerations were discussed including specified areas, hydrogeologic factors, water uses and classifications for the local ground water, and water quality standards that might apply. The DMG will be requesting in the pending Permit Renewal No.2 Application review, that SCC review the current ground water monitoring program specific to establishing points of compliance for the Yoast Mine. Ponds 010 and 012 were inspected. Both of these ponds were full and discharging cleaz water at the time of the inspection. Ponds 013 and 014 were viewed from the County Road. Pond 013 was dischazging a small amount of water and Pond 014 was not dischazging. The two lower check dams installed along the lower Armand Draw drainage were inspected. These aze functioning as intended and appear stable. They aze beginning to silt in. In the interim before the drainage stabilizes and becomes vegetated, the Division recommends that the check dams be periodically maintained by removing the sedimentation. SCC indicated that they would plan to clean the check dams this summer.