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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 complete inspection of the Seneca II Mine conducted on August 23~ 2005 by Mike Boulay of the DMG. Roy Karo of Seneca Coal Company was present during the entire inspection. Weather conditions were cloudy and warm. Initially ground conditions were dry, however, at approximately 11:30 a.m. a very strong quickly moving rainstorm passed through the site. Ground conditions were saturated following the storm. There was no activity at the mine site during the inspection. Cattle were being grazed at several locations. Availabiliri of Records SCC has prepazed as-built certification reports for Ponds 002, 003 and the Truck Wash facility Ponds with the submittal of TR-37. Approval of this documentation is pending approval of TR- 37. Spillway modifications have been successfully completed at Ponds 004 and 008. Please provide As-Built Certifications for Ponds 004 and 008. All other required records were on site and available for review at the Seneca II Mine office. Please see the attached records checklist at the end of this inspection report. Roads Prior to the rainstorm road surfaces and road drainage run outs throughout the mine site were dry. Culverts were clear of sediment and debris and functioning as intended. Access roads site wide were in good condition and maintained. Anew road drainage run out has been installed with a riprap down drain above Stock Pond T28. Erosion has occurred at this location in the past from road drainage runoff. The new riprap down drain will remain as a permanent feature. Hydrologic Balance Sedimentation Ponds 002, 003, 004, 008, the Pecoco Impoundment, and the Truck Wash Ponds were inspected. The principal spillway repair/replacement work has been completed at Sedimentation Ponds 004 and 008. The former spillway discharge structures were replaced with plastic pipe as designed at both pond locations and the embankments were reconstructed and seeded. Pond 004 was full and discharging clear water and Pond 008 was retaining water at a level approximately 4-5 feet below the principal spillway. Ponds 002, 003 and the Pecoco Impoundment were full and discharging cleaz water. Since the last inspection maintenance to the inlet of Pond 003 was conducted. The inlet was cleaned and reshaped to better convey water to the pond. The Truck Wash Ponds (settling and supply impoundments) were both retaining water but not dischazging. Pond embankments were all stable and in good condition, and pond inlets and discharge structures were functioning as intended.