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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 partial inspection of the Yoast Mine, conducted on the afternoon of 5/26/09 and the morning of <br /> 05/27/09. Roy Karo, Seneca Coal Company(SCC) Reclamation Manager, was present during the inspection. <br /> Due to muddy conditions from snowmelt in recent weeks in addition to rainfall over the previous several days, <br /> the inspection was limited to areas along the lower main permanent access road (former Haul Road "A"), on the <br /> afternoon of 5/26, and areas accessible from Sage Creek road, specifically Sediment Ponds 012, 013, and 014, <br /> and associated reclaimed watersheds, on the morning of 5/27. The mine area was entirely free of snow cover, <br /> but much of the site was inaccessible to vehicular travel due to muddy conditions from the recent rains. <br /> Weather was cloudy with intermittent light rain on 5/26, clear and mild on 5/27. <br /> Abatement of NOV CV-2009-002 was verified and the NOV was terminated based on observations made during <br /> the inspection. <br /> Status of NOV Abatements <br /> NOV CV-2009-002 <br /> NOV CV-2009-002 was issued May 1, 2009, based on observations made during the inspection on April 23. <br /> The NOV was issued for failure to maintain segment of permanent access road(former Haul Road"A') to <br /> control or prevent erosion and siltation;and failure to properly install or maintain necessary erosion control <br /> structures in vicinity of road fill embankment. <br /> The site location to which the NOV applied is the fill embankment and associated ditch downdrain located along <br /> the east side of the former Haul Road "A". A gully two to three feet wide by up to two feet deep had formed <br /> along the upper(south) end of the fill, as a result of concentrated runoff from the road surface and adjacent <br /> slopes. The gully extended for a length of approximately 90 feet, with a significant area of sediment deposition <br /> extending from the lower end of the gully down to the Scotchman's Gulch channel. <br /> During the inspection on the afternoon of 5/26, it was verified that the violation had been properly abated. The <br /> gully had been graded and shaped,TRM mat had been installed along the length of the down-drain channel, a <br /> series of straw wattles had been installed to control sedimentation from the site, and areas of sediment <br /> deposition and areas disturbed by repair work had been seeded. A Termination Notice was issued on 5/29/09. <br /> Roads <br /> The lower section of the primary permanent access road (former Haul Road "A")was muddy from recent rain, <br /> but passable. Beyond the upper end of Road "A", the travel surface became increasingly soft and slippery, and <br /> we did not attempt to travel further south along the entrance road. Drainage maintenance work had been <br /> initiated along the road, and a hand crew was installing/repairing straw wattles and rock checks along the road <br /> segment during the inspection. <br /> Hydrologic Balance <br /> Roy Karo reported that recent rains on top of soils still close to saturation from snowmelt had resulted in <br /> permanent channel erosion in various locations; some of these locations were observed in the Pond 12 <br /> watershed; other locations in the interior portion of the mine area could not be reached due:to muddy conditions <br /> that prevented vehicle access. <br /> 3 <br />