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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 complete inspection of the Seneca II Mine conducted on May 23, 2006 by Mike <br />Boulay of the DMG. Roy Karo of Seneca Coal Company (SCC) was present during the entire <br />inspection. Weather conditions were cloudy and cool. Ground conditions at the mine site were <br />wet and it was raining intermittently during the inspection. Other than the use of the shop and <br />truck wash facilities, there was no activity at the mine site. <br />Availability of Records <br />The availability of records was checked at the Seneca II Mine office on May 23rd. All required <br />records were on-site at the Seneca II Mine office with exception of the following: SCC has <br />prepazed as-built reports for Sedimentation Ponds 002, 003, and the Truck Wash facility ponds <br />and as-built certifications for spillway modifications at Ponds 004 and 008 with the submittal of <br />TR-37. Approval of these pond certifications is pending with TR-37. Also, SCC's NPDES <br />Permit expired in 2002 and is still under administrative extension and pending approval by the <br />CDPHE. <br />See the attached records checklist at the end of this inspection report. <br />Roads <br />With exception of Road E leading to the PeCoCo Pond, all site roads were accessible and <br />generally well maintained. The PeCoCo Pond was not inspected because the access road to the <br />pond was too muddy. The main access road into the site (Road E1) will require blading work at <br />several locations once the road surface has dried up. The access into and azound the <br />shop/facilities area was also very muddy and rutted in places. <br />Two significant azea of erosion along roadways were noted during this inspection. The first is <br />located along Road F west of Stock Pond T30 where a gully has formed along the perimeter of <br />the road. The second location is along the South Road where a substantial gully is forming in the <br />location of the road ditch. These locations have been noted in previous inspection reports and <br />should be repaired as soon as weather permits. <br />Hydrologic Balance <br />Sedimentation Ponds 002, 003, 004, and 008 were inspected. All of these ponds were full and <br />discharging clear water at the time of the inspection. Pond inlets and discharge structures at all <br />