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111. 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, focusing on certain locations that had not been closely checked <br /> during the Division's July 2009 SL-2 Phase 1 bond release inspection. Areas inspected were Topsoil Stockpile <br /> "B"and adjacent reclaimed areas north of the permanent access road in the former explosives storage area, <br /> and the eastern portion of the North Pit area within the Pond 11A watershed. Roy Karo, Seneca Coal Company <br /> (SCC) Reclamation Manager, was contacted prior to and following the inspection, but I was not accompanied by <br /> an SCC representative during the inspection. <br /> Weather was cloudy and cool; ground conditions were dry. Pond 11A water level was approximately 4 feet <br /> below the top of the primary spillway riser. Pond 11 water level was approximately 12' below the primary <br /> spillway inlet; neither pond was discharging. <br /> Backfill and Grading <br /> Narrow corridors along permanent channels YPM-9 and YPM-13 in the Pond 11A watershed, and a small area <br /> along a highwall settling crack on the slope northwest of Pond 11 A, had been excluded from the Division's June <br /> 2007 SLA Phase 1 bond release approval. Due to time constraints, the area was not inspected during the July <br /> 2009 SL-2 inspection. Also, the operator had indicated at that time that hillslope and channel erosion in the <br /> watershed, noted in the Division's June 2009 inspection, had not yet been repaired. <br /> The Pond 11 A watershed areas were walked during the October 13 inspection. Erosion repairs noted to be <br /> necessary in the June 2009 inspection had been initiated but not fully completed. Various hillslope gullies had <br /> been properly regraded. Channel erosion that had been noted along upper YPM-13 appears to have been <br /> graded, but underliner is exposed in a few locations and additional riprap may be warranted. At a minimum the <br /> segment will need to be monitored. A couple channels tributary to YPM-13 had been graded and prepared for <br /> TRM installation, but the TRM had not yet been installed. Lower segments of YPM-13 and the entire length of <br /> YPM-9 appeared to be in good condition, and the temporary road along the channel had been properly <br /> reclaimed. The highwall crack along a segment of slope northwest of Pond 11 A had been graded over <br /> subsequent to the SLA inspection, and appears to have remained stable. The upper of two"V Ditch"channels <br /> tributary to YPM-9 had rilled and had not yet been graded; grading and TRM installation are warranted. The <br /> lower"V Ditch" channel tributary to YPM-9 had been regraded to repair a gully, but TRM had not yet been <br /> installed. <br /> In general, site conditions have improved substantially along the YPM-9 and YPM-13 channel corridors that <br /> were excluded from SL-1, and the excluded highwall settling crack was repaired and appears to be stable. <br /> Minor maintenance may be warranted along a short section of upper YPM-13 where small patches of underliner <br /> have been exposed. Erosion continues to be a concern on the steep slopes in the watershed and on-going <br /> maintenance is required. Necessary erosion repairs due to heavy runoff during 2009 had been initiated but not <br /> yet completed. The operator indicated that repairs including TRM installation in the various tributary channels <br /> would be completed during October. Due to the extent of hillslope and tributary channel erosion that has <br /> continued to occur in the YPM-13 and YPM-9 watersheds, and the potential for downstream impacts <br /> along the channels,the Division's preliminary determination is that it would be premature to release the <br /> corridors along YPM-13 and YPM-9 (excluded from the SLA approval)within SL-2. The slope northwest <br /> of Pond 11 A appears to have stabilized, and the small area associated with a settling crack that was excluded <br /> from the SLA proposed approval decision will not be excluded from the SL-2 proposed decision. <br /> Topsoil <br /> A portion of Topsoil Stockpile"B", immediately south of the reclaimed explosives storage area remains in place, <br /> but was improperly included in the SL-2 release request area. <br /> 3 <br />