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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. General Comments This was a complete quarterly inspection of the Seneca ll-W Mine, covering accessible surface affected areas. A spot check of office records was made. A complete records check for the quarter had been made in January, documented in the inspection report issued 1/27/05. Roy Karo, SCC Reclamation Manager, was present during the field inspection on March 9, and Dennis Jones, SCC Hydrologist, was present during the records check on March i0. Weather was clear and mild on March 9. Dragline was operating in the Wolf Creek/Sage Creek mining area. Description of Enforcement Actions NOV CV-2005-003 Nature of Violation, Portion of the Operation, and Required Abatemant NOV CV-2005-003 was issued March 10, 2005, based on prior review of permit documentation and review correspondence associated with the mid-term permit review, as well as observations made during the inspection on March 9. The NOV was issued for Failure to provide fully accurate "as-built" P.E. construction certification report (11, and fully accurate annual impoundment certification report (21, for Sediment Pond 016. Also, failure to prompt/y provide a P.E. construction certification for an approved design revision for Sediment Pond 016 /31• The NOV .applied to P.E. certifications for Sediment Pond 015, specifically: (1) TR-40 certified 'As-Built" Report; Attachment 13-5F and Exhibit 13-gA (cert. 9-25-011. (21 2004 Annual Impoundment Certification Report; Inspection date 8-30-04, Cert. Date 11-12-04. 131 Pond 016 Design Revision approved in PR-3 (May 20031• Pond designs are included in permit Attachment 13-5B, Appendix 1, and Exhibit 13-gB (Cert. Date 4-22-031. I amended the abatement specitied in the original NOV, by Modification Notice issued March 11, 2005, after considering comments made by the operator, and discussing possible options with my supervisor. The abatement requirement as modified is: ON OR BEFORE June 1, 2005. Submit, within a complete permit revision or technical revision application, a properly certified and Approvable As-Built report, including appropriate narrative, certification statement and diawing(sl, and properly revised SEDCAD demonstrations, for the two pond (015/015A1 system. Background... Sediment control for the mine disturbance in the affected watershed was initially provided solely by Sediment Pond 016. A certified "As-Built" report for Pond 016 was submitted in TR-40, in 2001, which included narrative and SEDCAD documentation in Attachment 13-5F, and an "As-Built" map, Exhibit 13- 9A (certified 9-26-01). Pond 016A was constructed in the early summer of 2003, immediately up the drainage from Pond 016, following approval of PR-3. The two-pond system was necessitated due to additional disturbance in the 016 watershed, associated with expanded operations approved in PR-3. 3