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III. COMMENTS-COMPLIANCE <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 partial inspection of the Seneca II Mine conducted on June 10, 2008 by Mike Boulay <br /> of the Division of Reclamation, Mining, and Safety(DRMS). Howard Strand, Christine Belka, <br /> and Elizabeth Shaeffer from the Office of Surface Mining(OSM) conducted a special focus <br /> oversight inspection on permanent impoundments on this date. Roy Karo and Scott Belden from <br /> Seneca Coal Company/Peabody Energy were present during the entire inspection. Jay James <br /> from J.E.C. Inc. also attended the inspection. Weather conditions were sunny and warm. <br /> Ground conditions were dry at the site. All sediment ponds that have been permitted by DRMS <br /> as permanent impoundments were inspected and supporting permit documentation was reviewed <br /> at the Seneca Mine office. <br /> At the start of the inspection the pertinent sections of the permit application package were <br /> reviewed by OSM and SCC participants and the DRMS to determine if appropriate permit <br /> requirements had been fulfilled with regard to permanent impoundments [Rule 4.05.9(13)]. <br /> Correspondence letters between the Office of the State Engineer and the DRMS were also <br /> reviewed. Sediment ponds 002 and 003 were permitted as permanent in 1992 and the permanent <br /> impoundment demonstrations can be found in Appendix 7-6a and 7-6b of the permit document, <br /> respectively. The Pecoco Pond was approved as permanent in 1990 and the demonstration is <br /> found in Appendix 7-6G of the permit document. Sediment Ponds 004 and 008 were approved <br /> with Technical Revision No. 37 in 2006 as permanent impoundments. The permanent <br /> impoundment demonstrations prepared in accordance with 4.05.9(13) can be found in Appendix <br /> 7-6c.2 (Pond 004) and Appendix 7-6f.4 (Pond 008). DRMS requested in the adequacy review <br /> letter for TR-36, dated December 28, 2004 that SCC update the water quality demonstrations and <br /> water rights information for Ponds 002, 003 and the Pecoco Pond since the applicable stream <br /> classifications and water quality standards had been revised since these impoundments were <br /> originally approved as permanent. This information was provided and is included in the permit <br /> document in Tab 7 on pages 7-379 through 7-387. In accordance with Rule 2.05.5(1) (b), the <br /> post mining land use description shall be accompanied by a copy of the comments concerning the <br /> proposed use by the legal or equitable owner of record of the surface of the permit area. The <br /> appropriate landowner requests for permanent structures are contained in Appendix 13-12a of the <br /> permit document. All of the required permit documentation was on file and available for review <br /> at the mine site office. <br /> Specific comments regarding the field portion of the special focus inspection are provided below. <br /> Hydrologic Balance <br /> Sedimentation Ponds 002, 003, 004, 008, and the Pecoco Pond were inspected. All of these <br /> ponds were full and discharging clear water. Pond inlets, discharge structures, and embankments <br /> II <br />