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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. General Comments This was a partial monthly inspection of the Seneca II-W Mine. The reclaimed neck pit area affected by a slide and erosion, which was the subject of NOV CV-2007-002 was inspected to view the initial drainage repair work that had been done to partially abate the NOV (see discussion under NOV CV-2007-002 Abatement, Modification, and Extension, below). I was accompanied on the inspection by Roy Karo, Mine Manager. Weather was clear and mild. Ground conditions had dried considerably in most areas since the April inspection NOV CV-2007-002 Abatement. Modification. and Extension NOV CV-2007-002 Nature of Violation, Portion of the Operation, and Required Abatement NOV CV-2007-002 was issued May 5, 2007, based on observations made during the inspection on April 25 The NOV was issued for Failure to design, construct, and/or maintain permanent reclamation slopes and features including segments of postmine drainage channel and segment of light use road and associated ditching, as necessary to: Minimize erosion to provide protection for topsoil and vegetation (4.05.5(1)(c)); Minimize erosion and slippage (4.14.2(5)]; and Prevent damage to public or private property (4.03.3(1)(a)). The NOV applied to a small landslide and associated erosion along the Ridgeline Light Use Road, adjacent to the reclaimed Wadge Neck Pit area. For a detailed description of the relevant circumstances and documentation, see inspection report issued May 7, 2007. Based on observations made during my inspection on May 30, 2007, I confirmed that Abatement Step 1 of the NOV had been properly abated. Grading had been pertormed prior to the inspection to restore the light use road ditch and Channel PM-4C, to direct any upland flow away from the slide location and into Channel PM-4, in the immediate vicinity of the Culvert PM-f0 inlet. Measurements taken confirmed that the repaired ditch segments were substantially larger than required under the currently approved design. Trapezoidal channel of repaired PM-4 had approximate dimensions of 20 foot top width, 3 foot bottom width, and 32" depth. Adjacent road "V" ditch was 22" deep. Abatement Step 2 of the NOV specified submittal of a revision plan to address damage repair and drainage plan modification by June 1, 2007. Abatement Step 3 of the NOV specified implementation of the plan by August 2, 2007. Based on observations and discussion during the inspection on May 30, I modified Abatement Steps 2 and 3, to provide clarification and specificity, and extended the deadline for Abatement Step 2, to provide additional time for preparation of maps necessary for the design revision. In essence, the modified Abatement Step 2 now requires submittal of a technical revision drainage design with enlarged ditches and a containment berm along a segment of the Ridgeline light use road, to accommodate snowmelt runoff, by July 1, 2007. Modified Abatement Step 3 now requires implementation of the revised drainage plan and completion of grading and seeding to repair the slide damage by August 2, 2007. Roads Active use roads and permanently reclaimed roads (which have been gravel surfaced) were in good condition, and typical spring ditch maintenance had been initiated. Roads that have been reduced in width for postmine use, but not yet final surfaced were somewhat muddy in spots, but passable. Significant road removal and final surfacing and stabilization work (cut and fill seeding) for roads to be retained for the postmine land use will be conducted during the 2007 field season. "J" road reduction grading has been largely finished, but final surfacing, as well as topsoiling and seeding of cut and fill of slopes is yet to be done. 3