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III. CONIlI~I)rNT5 - COMPLLINCE <br />Below are comments on the inspection. The comments include discussion of observations made during the <br />inspection. Comments also describe any enforcement actions taken during the inspection and the facts or <br />evidence supporting the enforcement action. <br />This was a complete inspection of the Seneca II Mine and a full liability bond release <br />inspection of 259.1 acres of Pre-Law lands located within the Seneca II permit boundary. <br />The inspection was conducted on September 12, 2007 by Mike Boulay of the Division of <br />Reclamation, Mining, and Safety (Division). Mr. Scott Belden of Peabody Energy <br />Environmental Services West and Jay James of JEC Inc. accompanied the Division <br />during the entire inspection. None of the land owners of record attended the inspection; <br />however, all land owners were notified of the inspection via certified mail. Weather <br />conditions were sunny and warm, and ground conditions were dry. Following the bond <br />release inspection, the remainder of the Seneca II Mine was inspected including all roads, <br />sediment ponds, and facilities areas. No problems were noted at any of these locations. <br />The availability of records was reviewed at the Seneca Mine office and all required <br />records were on file and available for review. See the attached records checklist at the <br />end of this inspection report. <br />The area (259.1 acres) to which the bond release request applies is located in the northern <br />end ofthe Permit Area situated in Sections 34 and 35, T6N, R87W, west ofthe 6'h <br />Principal Meridian. The specific location is shown on Exhibit A of the bond release <br />application. The Division previously released Phase I liability, which became final in <br />February 2007, on the adjacent ]ands of the Permit Area that were permitted under the <br />SMCRA permanent program. During the Phase I bond release inspection conducted in <br />2006 a problem area within the Pre-Law lands was identified due to erosional instability, <br />acidic spoil and lack of vegetation. This area is referred to as the Old Wolf Creek Pit <br />comprising 67.4 acres where additional work is being done to mitigate. the problems. The <br />Old Wolf Creek Area of the Pre-Law lands is not included with this current bond release <br />application. <br />This full liability bond release inspection was conducted pursuant to Seneca Coal <br />Company's (BCC's) Pre-Law Area Bond Release Application (SL-02) received by the <br />Division June 28, 2007. The 259.1 acres of reclaimed lands are being requested for full <br />bond liability release. <br />During the inspection, participants walked through a large portion of the Pre-Law area <br />being requested for release, to allow for visual assessment of compliance with pertinent <br />requirements, including grading, site stability, topsoil replacement (if applicable), and <br />revegetation. A primazy focus of the inspection was slope stability, erosion in the form <br />of gullies or rills to the extent that vegetation was inhibited, the presence of bare areas <br />void of vegetation, and a visual assessment of weeds present. An inclinometer was used <br />to field check slopes at several locations to get a general indication of the steepness of the <br />reclaimed area. <br />