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S <br /> III. COMMENTS-COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made during the <br /> inspection. Comments also describe any enforcement actions taken during the inspection and the facts or <br /> evidence supporting the enforcement action. r <br /> Introduction <br /> This was a Phase I bond release inspection of the Seneca Coal Company LLC (SCC) Seneca II- <br /> W Mine, conducted on October 14 through 16, 2009 by Dan Mathews and Sandy Brown of the <br /> Division of Reclamation, Mining, and Safety(DRMS). SCC and permit area landowners, as <br /> well as the Office of Surface Mining(OSM) Denver Office, and the Bureau of Land <br /> Management(BLM) Little Snake Field Office, had been notified of the inspection. Division staff <br /> were accompanied during the inspection by SCC representatives Dennis Bugay, Roy Karo and <br /> Jay James (at different times); there were no landowners or other agency staff who chose to <br /> participate in the inspection. Weather conditions were cool and cloudy, with a few light rain <br /> showers on 10/14 and 10115, clear and mild on 10/16. Ground conditions were dry to moist,but <br /> not muddy, in most areas, and all portions of the disturbed area were accessible. <br /> The inspection was conducted in response to a Phase I bond release application(SL-2 in the <br /> DRMS filing system) for 1,166.2 reclaimed acres of the total 1,285.3 acres of disturbance within <br /> the coal extraction portion of the Seneca lI-W permit area(an additional 96.6 acres of <br /> disturbance is located along the Tie Across Haul Road, located several miles north of the actual <br /> mining area). The SL-2 release request applied only to the mine area, and did not include any <br /> portion of the Tie Across Haul Road corridor. 119.1 acres of disturbance within the mine area <br /> were not included in the release request; primarily consisting of haul road segments that have not <br /> yet been reclaimed or modified for postmining use, mine shop facilities, sedimentation ponds, <br /> topsoil stockpiles, and stock ponds that have not yet been approved for permanent retention. <br /> The SL-2 application and proof of publication were received by the DRMS Denver office on <br /> August 17, 2009, and the application was determined to be administratively complete on August <br /> 27, 2009. No lands within the Seneca 11-W permit area have previously received phase I bond <br /> release (a phase 1 release application designated SL-1 was withdrawn by SCC on March 16, <br /> 2007). <br /> The mining portion of the permit area is comprised of two primary units, the "North" or <br /> "Original"permit area and the"South Extension" or"South Area", which was added to the <br /> permit area to allow for additional coal extraction after mining in the North area was completed. <br /> Initial pit backfilling and grading has been completed in all areas; topsoiling and initial <br /> revegetation has been completed within the regraded pit areas. A portion of the South area in the <br /> lower Pond 016/016A watershed has been impacted by significant slope failures along a segment <br /> of Haul Road"J", immediately north of the two ponds, and a lower portion of the regraded spoil <br /> 1 <br />