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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. Continents also describe any <br />enforcement actions taken during the inspection and the facts or evidence <br />supporting the enforcement action. <br />Ott December 4 a partial inspection was conducted at the Terror Creek Loadout. <br />At the time of the inspection the weather was clear and cold. There was a good <br />amount of snow on the ground. Present during the inspection was Randy Price <br />and Steve Shuey of MLRD. Gary Harding, facility representative, was met later <br />in the inspection. <br />The inspectors toured the loadout and noted that ditches and culverts were <br />functioning. The pond contained some water. Berms were in good condition. <br />Tl~e pile of coaly ditch and pond sediment still remained adjacent to the pond. <br />During last months inspection the MLRD inspector noted this pile, and because <br />it contained some coal, the operator was advised to dispose of this material as <br />coal waste. This facility is looking into disposal options for this material. The <br />Somerset mine would not take this material. The West Elk mine said that they <br />might take it if it was free of snow. Gary Harding said that he intends to <br />request an extension to the date that the waste has to be disposed of. <br />No problems were noted at this mine. <br />