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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 an aerial inspection of the reclaimed areas, active reclamation areas, and support facility areas at Seneca II-W. The flight was on the morning of 10/13/06. Harry Ranney of DRMS obtained 41 oblique and near- vertical digital images. The images were viewed by Dan Mathews of DRMS on 10-17-06. Imagery covered most portions of the reclaimed mine area, with the exception of the "D" Pit reclamation and the reduced Haul Road "G". The previous aerial inspection report described what appeared to be a short but apparently relatively deep gully near the toe of the east facing reclaimed slope, east of the Ridgeline Road in the 1994 or 1995 revegetated parcel, approximately 100 yards south of the junction of the Substation Road and Ridgeline Road. The gully still appears to be present in that location, and will need to be field checked, and stabilized as warranted in accordance with the Rill and Gully Plan. The apparent small area of very dark spoil material mentioned in the previous aerial inspection report, possibly coal or carbonaceous shale, on the slope south of and immediately adjacent to the upper end of Channel PM- 1A, in the 017 watershed, was not visible in the imagery obtained during the 10-13-06 flight. Weather on the flight date was clear, but it was apparent that the mine site had received significant precipitation shortly prior to the flight. All of the stock ponds visible in the imagery contained water, and puddles and muddy areas were visible in low spots across the site. Hydrologic Balance Sediment Ponds 006, 016, 016A, and 017 were all full or nearly full. Sediment ponds, collection ditches and associated structures appeared to be functioning properly; there was no indication of sediment deposition outside of approved disturbance boundaries. Reclaimed area stock tanks T-5, T-26, and T-27 were visible in the images, and all contained pools of water. Stock tank T-25, in the lower 017 watershed has not yet been constructed. Construction of T-25 this fall is advised, as it would provide additional sediment retention for the relatively large area of recently reclaimed steep slopes in the 017 watershed. Backfill and Grading The remnant scraper road along the 006 channel west of the Ridgeline Access Road, continuing across to the E- 1channel near the power line crossing is still intact. The portion of the road near the E-1 channel includes a remnant cut and fill segment that will need to be graded out, as noted in previous reports. Pit area backfilling and grading has been completed and permanent drainage channels in most locations in the South Area active reclamation sites appear to have been at least roughly completed, with final shaping and riprap installation still on-going in various locations. Grading associated with road reduction/modification for the postmine configuration had been completed along the southern segment of Haul Road "J", near Sediment Ponds 016 and 016A since the previous inspection. No evidence of recent slumps or slides was observed in the areas covered by the imagery. Grading associated with repair of the ridgeline area slide was largely completed prior to the previous inspection. Ditching along the ranch road immediately above the slide area appears to be functioning properly. The slope up-gradient from the slide that was regraded in association with the slide repair has been topsoiled and was just recently seeded. There was minor puddling along the upper segment of the diversion in this location; further grading of the diversion upper segment may be warranted when conditions dry sufficiently. 3