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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. <br />This aerial inspection was flown on January 16, 2007. No problems with compliance were observed <br />during the aerial inspection of the site. The digital image was reviewed on January 18, 2007 by Joe <br />Dudash of the Colorado Division of Reclamation, Mining and Safety. <br />Practically the entire loadout area was covered in snow. The haul road and haul truck loop on the <br />facilities bench were relatively free of snow. Only a moderate amount of coal was stockpiled on the <br />facilities bench. An empty train from the adjacent Bowie No. 2 Mine loadout was waiting on the <br />tracks, The Terror Creek Loadout had a few loaded and empty railcars on site. There were obvious <br />signs of black colored fugitive dust on the snow on the facilities bench, bench outslope and track area <br />but there were no indications that the fugitive dust went offsite. <br />The east side sediment pond was completely covered in snow. The pond embankment appeared to be <br />stable. The west side dugout pond was also covered in snow but no problems with the pond were <br />evident. <br />The east side topsoil stockpile was covered in snow. The west side topsoil stockpile had some <br />snowless patches on the south facing slope of the pile. No problems with slope or erosional instability <br />were observed with either topsoil stockpile. <br />There were no problems noted with any of the facilities. <br />c:/word/terror/insp0107 <br />