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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 the 151 quarter 2003 complete inspection report for the Seneca IIW Mine, conducted by Dan Mathews of DMG. The inspection was initiated on March 19, 2003, with a review of records on file at the mine office. I was unable to conduct the field portion of the inspection immediately following the records review because of illness. An aerial inspection scheduled for the last week of March to complete the inspection was cancelled due to adverse weather conditions. Due to other work obligations, I was unable to return to Seneca IIW until April 16. It is for these reasons that the 1" Quarter complete inspection was not concluded until April 17, 2003. Company representatives present during the inspection were Dennis Jones (during records review) and Bob Shevling (during field inspection). Weather during the field portion of the inspection was clear and mild. Ground conditions in travel and active work areas were sloppy from snow melt, which was in progress throughout the mine site, with most disturbed area ditches conveying flow from snowmelt runoff. The dragline was operating near the upper end of the south leg of the South Pit, and coal was being hauled from the South Pit at the time of the inspection. Two NOV's were issued as a result of the inspection, NOV CV-2003-002 and NOV CV- 2003-003. These enforcement actions are described here below. Description of Enforcement Actions NOV CV-2003-002 NOV CV-2003-002 was issued April 17, 2003, based on observations made during field inspection on April 16, 2003. The NOV was issued for [flat/ure to proper/y maintain undisturbed area road drainage ditch to safely pass runoff and prevent, minimize, or control erosion and resultant siltation. The NOV applied to [s]egment of Hau/ Road Ditch HRD-A2-ME-5 adjacent to the pond embankment at the NW corner of Sediment Pond 006. Recent flows appear to have escaped the ditch, flowed across the adjacent pond embankment, and eroded a gully down the embankment outslope. Sediment severs/ inches thick was deposited in an area approximately 20 x30' extending from the toe of embankment to the outflow stream of Pond 006. There were two abatement items; Remedial Action Item 1-Reestab/ish Ditch HRD-A2-ME-5 through the area described by 5 pm, 4/17/03; and Abatement Item 2-Repair embankment erosion and roughen and seed area of sediment deposition by 5/1/03. When observed on the morning of April 16, the road ditch was partially filled in and crossed by vehicle tracks. There was no safety berm present. It was evident from residue along the flow path, as well as the embankment erosion and sediment deposition described above that flow had escaped the ditch and flowed in anon-approved, uncontrolled manner down