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S <br /> III. COMMENTS - COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made <br /> during the inspection. Comments also describe any enforcement actions taken during the inspection <br /> and the facts or evidence supporting the enforcement action. <br /> General Comments <br /> This was an aerial inspection of the Seneca Yoast Mine. The site was flown on the morning of 10/28/08, and <br /> Harry Ranney of the Division took 16 oblique and near vertical digital image photos. Photos covered most <br /> portions of the reclaimed mine pit areas, but did not cover Pond 10 or segments of the access road corridor <br /> further north, nor did they cover YPM-12 and Pond 11, east of the North Pit area. The images were viewed by <br /> Dan Mathews of the Division on 11/07/08. Weather conditions were clear; site conditions appeared to be <br /> relatively dry; older revegetated areas were dominated by the yellowish brown color of dormant grasses. <br /> In general, the site looks very good considering the high percentage of recently reclaimed steep slope <br /> topography. A considerable amount of erosion repair work was completed over the field season, including <br /> grading and seeding of rilled areas, permanent channel regrading and TRM installation, construction of TRM <br /> lined minor tributary channels in some locations, grading and seeding of settling cracks along graded highwalls <br /> in some locations, and backfilling/topsoiling/seeding of a deep crater that formed in the backfill near the YPM-1-3 <br /> channel. The erosion and settling features resulted from the combination of steep, newly reclaimed slopes and <br /> the exceptionally heavy 2008 spring runoff. Over-all site stability should increase substantially in the next few <br /> years, as initial spoil settling passes and developing vegetation ground cover and root development takes hold. <br /> One area that remains unstable and unsightly is the"Pond 12 Slide", which is described in detail in previous <br /> inspection reports, and which was the subject of NOV CV-2008-001, issued by the Division on May 2, 2008. The <br /> NOV has been terminated, a new sediment pond (Pond 12A) has been constructed in the watershed to ensure <br /> proper sedimentation control, and a geotechnical study including piezometric monitoring of the slide is in <br /> progress. Final slide remediation is pending completion of the geotechnical study(with monitoring to be <br /> continued through the 2009 spring runoff period). <br /> Sediment controls observed appeared to be properly maintained and functional. At Pond 12, the water appeared <br /> to be a couple feet below the top of the spillway riser, and the pond was not discharging. New Pond 12A, up- <br /> drainage in the Pond 012 watershed was recently completed, and was dry at the time of the flight. Construction <br /> certification for Pond 12A will need to be submitted to the Division. Ponds 11A, 13, and 14 all contained <br /> water; 11A was not discharging, status of discharge for Pond s 13 and 14 could not be discerned. Stock Tank <br /> STA was dry. <br /> Representative photos are attached. <br /> 3 <br />