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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made during the <br />inspection. Comments also describe any enforcement actions taken during the inspection and the facts or <br />evidence supporting the enforcement action. <br />This was a partial inspection of the Seneca II Mine conducted on July 19, 2007 by Mike Boulay <br />of the DRMS. Roy Kazo and Dennis Bugay of Seneca Coal Company (SCC) were present during <br />the entire inspection. Weather conditions were sunny and hot. Ground conditions were dry <br />throughout the mine site. There was no activity at the site during the inspection. The focus of <br />this inspection was the upper Wolf Creek area as described below. <br />Backfill & Grading <br />All pre-law azeas of the Seneca II Mine were inspected as part of the Phase I bond release <br />inspection (SL-Ol) conducted in August 2006. During this and previous inspections, the DRMS <br />identified a portion of the Seneca II mine pre-law area referred to as the "old Wo]f Creek Pit" <br />that is erosionally unstable and does not support vegetation due to acidic conditions within the <br />surface spoil material. In the vicinity of the final pit, the land has been graded into a bowl shaped <br />configuration and water with a low pH is impounded in the bottom of the bowl and is referred to <br />as the old Wolf Creek Pond. The DRMS excluded release of 67.4 acres of this area from the <br />Phase I bond release as documented in our Phase I Bond Release Proposed Decision and <br />Findings of Compliance dated 12/27/06. In a letter dated May 7, 2007 in response to SCC's draft <br />(SL-02) Pre-Law Area Bond Release Application, the DRMS requested a finalized reclamation <br />plan for the old Wolf Creek Pit before a decision can be made on the pre-law bond release. In a <br />response letter dated June 27, 2007 SCC attached a plan for the old Wolf Creek Pit. SCC <br />indicated that since Pre-SMCRA rules and regulations did not provide for bond calculations or <br />revision submittals/approvals a formal revision to the permit application is not necessary. The <br />DRMS is still in the process of reviewing the plan and has not made a determination at this point <br />whether or nat it would be appropriate to incorporate the Wolf Creek Remediation Plan into the <br />permit document. <br />SCC has been working on the upper Wolf Creek area and the progress being made was viewed <br />during this inspection. SCC has improved a road into the old Wolf Creek Pit for equipment <br />access. Significant progress has been made in regrading the north spoil slide area and regrading <br />the east side of slide area to blend with the virgin slope. Work is just beginning at the upper crest <br />of the south spoil slide area. The overall plan calls for incorporating limestone amendment to <br />approximately 31 acres to promote vegetative growth. Photos of the upper Wolf Creek area and <br />the regraded North Spoil/Slide Area aze attached at the end of this inspection report. <br />