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III. COMMENTS - COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of <br />observations made during the inspection. Comments also describe any <br />enforcement actions taken during the inspection and the facts or evidence <br />supporting the enforcement action. <br />This inspection started on July 12, and concluded on July 14, 2004. Jerry Nettleton, Dave Wallace, and <br />Sandra White represented the operator during inspections of surface plant facilities; Sandra White <br />represented the operator during the records check and inspection of outlying areas; and Brian <br />Watterson answered a number of questions in the office. No operator representative accompanied the <br />inspection of records at the Moffat County Court House, nor during the field measurement of water <br />quality pazameters at streams sites about the permit area. <br />The previous inspection identified the following subjects of concern: <br />The discussion about County special use permits on page 2.03-37 of the Permit Application Package <br />(PAP) needs to be updated to reflect current practices by the County. <br />It appeared that the permittee was not in complete compliance with the requirements of Rule 4.02.2 (1) <br />regazding mine and permit identification signs at the points were permit boundazies crossed public <br />roads. <br />AVAILABILITY OF RECORDS <br />All required records were available (see attached checklist). County Special Use Permits appeared to <br />be numbered. The discussion about County special use permits on page Z.03-37 of the Permit <br />Application Package (PAP) has not been updated to reflect current practices by the County. <br />SIGNS AND MARKERS <br />New mine and permit identification signs had been procured and were being erected at the points <br />where permit boundaries crossed public roads (Rule 4.02.2). Maintenance was underway on a number <br />of topsoil storage markers. No map was found in the PAP that indicated the location of all topsoil <br />storage stockpiles. All of the mazkers of the perimeters of areas affected by surface operations or <br />facilities (Rule 4.02.3) were not of uniform design (or had weathered to the extent that the uniform <br />appearance had been lost)[Rule 4.02.1(2)]. No description of the "uniform disturbed azea markers" was <br />found for reference in the PAP, nor was a uniform description of the boundaries of azeas permitted for <br />disturbance found (see Map 24 sheets)[Rules 2.07.7(6) and 2.10.1(1)]. Stream buffer markers were <br />properly displayed at numerous locations inspected. <br />ROADS <br />Haul-roads, access-roads, and light-duty roads throughout the permit azea were in good condition. A <br />cleaz delineation of the interface of the haul road to the coalmine waste pile from construction roads <br />internal to the pile was not found in the PAP. The outlet of one of the four 18-inch CMP at the <br />switchback up onto the working surface of the coal waste disposal site (see Sheet 1 of 2, Map 24) was <br />crushed and needs to be repaired. <br />HYDROLOGIC BALANCE <br />