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III. COMMENTS -COMPLIANCE Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. This was a complete inspection of the Marr Strip Mine and Walden Loadout facility conducted on December 15, 2003 by Mike Boulay of the DMG. There were no representatives from Kerr Coal Company present during the inspection. There was no activity at the mine site. The mine site was snow covered at the time of the inspection, and weather conditions were windy, cold and snowy. Visibility was poor due to blowing snow. Availability of Records Records were reviewed at the Montgomery Watson Harza office in Steamboat Springs on the afternoon of December 15, 2003. All required records were available for review. Please see the attached Availability of Records checklist. The files have not been updated with the third quarter 2003 quarterly pond inspections. Please continue to maintain and update all records on a regulaz basis. Roads The permanent light use road accessing the site was icy and snow packed. Access was very limited due to drifring and blowing snow entirely covering the surface of the road. Perimeter azeas at the site were well maintained and no problems were noted. Hydrologic Balance Site sedimentation ponds E, F, and G were viewed. Pond E was retaining water at a level well below the primary spillway. The surface of Pond E was frozen. Ponds F and G were not retaining water. Pond surfaces, inlets and embankments were snow covered at all of these pond locations, and none of the ponds were dischazging at the time of the inspection. Loadout The entrance road to the Loadout was snow covered, but passable. The entire Loadout was snow covered. The entrance gate was closed and there was no activity at the site. No problems were noted at the Loadout facility.