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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 partial inspection of the Seneca II-W Mine conducted on May 23, 2001 and May 24, 2001 by Mike Boulay of the DMG. Roy Karo and Mike Altavilla of Seneca Coal Company (SCC) were present during the inspection on May 23`d and May 24'h, respectively. Weather conditions were warm and sunny on both days of the inspection. Ground conditions were dry throughout the majority of the site. The dragline was operating in the South Extension Area at the time of the inspection. Spoil from the pit is being placed east of the pit, along the disturbance line. Hvdrolo~ic Balance Site Ponds 005, 006, and 016 were inspected. Ponds 005 and 016 were discharging clear water. Water from Pond 006 was being pumped out for use in water trucks. The water level in Pond 006 was several feet below the primary spillway. Pond embankment and discharge structures were stable and functioning properly. No problems were noted at these pond locations. Stock Tank T-23 located along Road G was completely full of sediment. Please remove the accumulated sediment from this stock tank to ensure that it functions as intended. Toasoil The eastern perimeter of the South Area pit located in Township 5 North, Range 88 West, Section 26 was inspected. The topsoil recovery line was viewed along the eastern perimeter of the mining azea between the location of NOV CV-2000-005 and NOV CV-2001-002. Between these two locations and further to the south along the ridgeline, spoil material has been stockpiled adjacent to the topsoil recovery line/undisturbed area. These violations occurred, primarily because SCC failed to maintain an adequate buffer zone between the toe of fill of the spoil material and the undisturbed ground. During this inspection, it was noted that additional spoil material has been stockpiled very high along the ridgeline in the immediate vicinity of NOV CV-2001-002. Some of the spoil material has fallen into the disturbance area associated with [his pending NOV. In several locations it was noted that spoil material has encroached beyond the topsoil recovery line in the general vicinity between the two NOV locations and further to the south along the ridgeline associated with the active pit area.