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III. COMMENTS -COMPLIANCE Below aze 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 Yoast Mine conducted on July 25 and July 26, 2006 by Mike Boulay of the DMG. The availability of records was checked at the mine site on July 26, 2006. Dennis Jones of Seneca Coal Company was present during the entire inspection. It was hot and partly cloudy during the inspection on both days. Ground conditions were dry throughout the mine site. The only activity at the mine during the inspection was in the north end of the former Wolf Creek Pit, where two scrapers and one dozer were working to redistribute and spread topsoil. Availability of Records All required records were on file and available for review at the mine office. Renewal of the NPDES Permit is still pending review. SCC has received a Draft Renewal Permit for the Seneca Mine complex. Roads Haul Roads A and B were dry and well maintained. Road ditches and road drainage runouts along these sections of haul road were dry and functional. The Light-Use Road accessing the North pit was dry and in fairly good condition. Some areas of this road have become rutted, but the road is passable. A rilUgully has formed along the side of the access road. This should be repaired before it becomes a deeper gully. With exception of Culvert YB-1, culverts along Haul Roads A and B were clear of sediment and debris and functioning properly. Culvert YB-1 that drains to the ditch north of Pond 010 is'/a full of sediment. Please clean and remove the sediment from Culver YB-1. Hydrologic Balance Sedimentation Ponds 010, 011, O11A, 012, 013, and 014 were inspected. Ponds 011, O11A, 013, and 014 were retaining significant amounts of water but not dischazging. Ponds 010 and 012 were full and discharging clear water. The toe drain for Pond 010 was damaged during spring runoff and SCC noted this in their second quarter inspection report for Pond 010. On May 1, SCC noticed that erosion below the culvert discharge had broken the toe drain perforated pipe. A large discharge was occurring at the toe drain outlet. Rubber matting was placed below the discharge culvert to prevent water from entering the toe drain. A permanent fix will be made when the pond stops discharging later in the summer. Inlets, embankments, and discharge structures at all of the other pond locations were stable and no problems were noted.