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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 an aerial inspection covering most portions of the Seneca II-W reclaimed mine pit areas. 23 oblique <br /> aerial photos were taken by Harry Ranney of the Division on the morning of November 19, 2009. The imagery <br /> was viewed by Dan Mathews of the Division on 11/25/09. Weather appeared to be clear at the time of the flight. <br /> Ground conditions ranged from fully snow covered in most areas to mostly open on steep south facing slopes. <br /> There was no activity at the site at the time of the flight. <br /> Roads <br /> There was fresh snow cover on many of the permit area roads. The MEHR and Road "A"to a point beyond the <br /> shop area, as well as the Oil Well Road were relatively free of snow. <br /> Hydrologic Balance <br /> Sediment Ponds 006, 016, 016A, and 017 were covered by the digital images. Each of these ponds contained a <br /> significant pool and was frozen over. To the extent that could be discerned, the ponds appeared to be functional <br /> and the embankments stable. Several stock ponds were also observed, including T-18, T-20, T-5, T-26, T-27, <br /> and T-25. The stock ponds were iced over and/or snow covered. Disturbed lands in the various areas covered <br /> by the images appeared to be properly contained within the approved sediment control perimeters. Sediment <br /> Pond 005 in the northern portion of the mine area was not covered by the images. <br /> Backfill &Grading/Slides and Damage <br /> A reclaimed highwall slope area east of the Ridgeline Access Road and south of upper 006 Gulch has been the <br /> site of recurrent slumping, most recently in the spring of 2009. It was evident from aerial images that the slope <br /> failure area was recently regraded to eliminate scarps, cracks and toe bulging. The regraded slope may have <br /> also been re-topsoiled and reseeded, but this could not be determined due to snow cover. Aerial images from <br /> August 2009 prior to slump regrading and November 2009 following regrading are attached to this report. Due <br /> to the significant and recurrent instability, the affected slope area will be excluded from the Division's proposed <br /> SL-2 Phase 1 bond release decision. Slope re-grading had not been implemented at the time of the Division's <br /> site inspection for SL-2, in October 2009. <br /> The South Extension of the permit area, specifically including permanent drainages in the 016/016A and 017 <br /> watersheds experienced significant erosion due to intense rainfall shortly after snowmelt in the spring of 2009. <br /> The operator conducted extensive rill and gully repair work and permanent channel repairs in these watersheds <br /> during the 2009 field season. Construction of erosion control structures (aka surge ponds)were approved by <br /> the Division, to be field located along permanent drainages up-gradient of sedimentation ponds, and a number of <br /> such structures were completed during 2009 within the 016/016A and 017 watersheds. These structures include <br /> earthen embankments with primary spillway pipes designed to slow runoff but fully de-water inflow within a <br /> relatively short timeframe. Drainage channel details were not discernable in the images due to snow cover, but <br /> recently constructed surge ponds were evident in both watersheds. Due to the significant erosion and <br /> associated repairs in the South Extension Area watersheds, the Division will exclude the entire South Extension <br /> Area from the proposed SL-2 Phase 1 bond release decision. <br /> Detailed ground conditions could not be observed in most areas, however the relatively large slope failure areas <br /> in close proximity to Sedimentation Ponds 016 and 016A, described in previous inspection reports, were evident. <br /> The slide area on the steep south facing slope extending from above"J" Road down to the channel between 016 <br /> and 016A was largely free of snow, while the scarp line associated with the"Shrub Plot Slide" directly east of <br /> 016A could be discerned beneath the snow cover. The area affected by these slides was not included by SCC <br /> in the SL-2 Phase 1 bond release request, and final remediation plans have not yet been developed. <br /> Some areas of rill erosion that may warrant further stabilization work were evident in the vicinity of the fenced <br /> shrub plot near Permanent Channel PM-3A. <br /> 3 <br />