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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 a complete inspection of the Seneca II Mine, including office records check and site inspection of <br /> portions of the mine site that could be accessed. Office records were checked on the afternoon of March 25, <br /> and the field inspection was conducted the morning of March 26. A significant storm system passed through the <br /> area the night of the 25th, with flurries (heavy at times)continuing on the 26th. On the morning of the 26th, there <br /> was approximately 8 to 10 inches of new snow in the mine vicinity. The combination of new and old snow cover, <br /> and soft ground conditions beneath the snow cover in some areas precluded access to much of the reclaimed <br /> mine site. Detailed observations were prevented by the solid snow cover, and periodic snow squalls also limited <br /> visibility. The operation appeared to be in compliance with applicable regulatory and permit requirements, to the <br /> extent that could be determined, given the very limited access and visibility. Inspector was accompanied by Roy <br /> Karo, SCC Reclamation Manager. <br /> The mine has been largely reclaimed, with remaining tasks limited primarily to future reclamation of the shop <br /> facilities area. <br /> Availability of Records <br /> Records were checked in the mine office and found to be complete and up to date through the 4th quarter 2008. <br /> Roads <br /> Haul Road "E"through the shop facilities area up to a short distance beyond Pond 002 has been maintained <br /> through the winter and was driven during the inspection. Other permit area roads have not been maintained <br /> through the winter, due to the fact that coal extraction has been discontinued, and pit backfilling operations have <br /> been completed. Due to deep drifts, the roads that have not been maintained through the winter are not <br /> passable by 4wd vehicle. On the morning of March 26, significant fresh snow accumulation covered the entire <br /> mine vicinity. Seasonal maintenance of all roads will be warranted as conditions dry out in the coming weeks. <br /> Hydrologic Balance <br /> Sediment Ponds 002 (Wadge Impoundment)and 003 (Shop Pond)were observed during the inspection. Pond <br /> 002 was full and discharging clear flow. Pond 003 appeared to be full and iced over. There was some flow in <br /> the shop area perimeter ditch, which appeared to be properly maintained and functional. Photo attached shows <br /> Impoundment 002 outflow. The Pecoco impoundment upstream in the Little Grassy Creek watershed, and <br /> Sediment Ponds 004 and 008, which discharge into Fish Creek tributaries, were not accessible. <br /> Support Facilities <br /> The shop facilities area was covered with snow at the time of the inspection, and there was no activity at the site. <br /> Drainage and sediment control measures appeared to be properly maintained and functional. <br /> 3 <br />