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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 May 26 and May 27, 2005 by Mike Boulay of the DMG. Roy Karo of Seneca Coal Company (SCC) was present during the inspection on May 26`h and Bob Shevling of SCC was present on the 27`h. Weather conditions were sunny and windy on both days of the inspection. The mine site was mostly dry. Other than the use of the shop and truck wash facilities, there was no activity at the mine site. Availability of Records As indicated during the last complete inspection (March 15, 2005), the as-built reports for Sedimentation Ponds 002, 003, and 004 have not been certified by a registered professional engineer, and there is no as-built documentation for the Truck Wash Ponds (settling and supply impoundments). SCC has addressed this issue in their recent Mid-Term Review Comment Responses (TR-37) received by the DMG on May 2, 2005. SCC has prepared as-built certification reports for Ponds 002 and 003 and has prepared an as-built drawing and as-built report for the Truck Wash Facility ponds with this submittal. The DMG's review of this documentation is pending. As described below, the Pond 004 discharge structure will be replaced. As indicated in the TR- 37 application, an as-built report will be forthcoming in a future technical revision after SCC completes the spillway modifications. SCC's NPDES Permit expired in 2002 and is still under administrative extension and pending approval by the CDPHE. All other required records were on file and available for review at the Seneca II Mine office. See the attached records checklist at the end of this inspection report. Hydrologic Balance Significant erosion has occurred below the spillway outlet of Stock Pond T33. The location is in steep terrain above Spoils Spring #6. The erosion has down cut into the Wolf Creek spoil material and has created a gully below the Stock Pond outlet. This channel was originally armored with sandstone rocks from the Wolf Creek overburden but has eroded significantly and should be repaired. Please repair the erosion at this location by regrading and stabilizing the gully and armoring the channel with additional riprap. The repair should be made from the outflow of T33 down to the brush approximately 125 feet below the spillway. Sedimentation Ponds 002, 003, 004, 008, and the PeCoCo Pond were inspected. All of these ponds were full and discharging clear water at the time of the inspection. The Truck Wash