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III. COMMENTS -COMPLIANCE Below aze 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. The purpose of this inspection was a Federal Office of Surface Mining (OSM) special focus oversight of the Terror Creek Loadout. The topic of the federal oversight was Prevention of Offsite Impacts Though Coal Facilities Runoff Management. Joe Dudash conducted the inspection for the State, Henry Austin represented OSM in the oversight and Jim Kiger represented the operator, the Terror Creek Company. The inspection began at the Loadout office with a review of the sediment control system. Map 5, "Facilities", and Map 14, "Sedimentation Control and Small Area Exemption", of the permit application were used in the review. There aze several structures in place that control and treat the surface runoff from disturbed azeas of the Loadout before the runoff goes offsite. The primary sediment control structure is the sediment pond, located on the east side of the Loadout azea. Most of the disturbed azea drains to this sediment pond through a series of ditches and culverts. A much smaller dugout pond is located on the west side of the area. This pond treats the runoff from the west topsoil stockpile azea. The outslope of the facilifies bench and the raikoad spur azea aze designated as a small area exemption (SAE) since these two areas aze down gradient of the two sediment ponds and there is no good location for a third sediment pond. Runoff from the SAE is treated by passing the water through silt fence or straw bales before entering the three culverts located underneath the railroad tracks and flowing offsite. In addition to surface runot~ a private irrigation ditch runs down the west side of the permit azea and passes through one of the railroad culverts. The field inspection focused on the two sediment ponds, SAE structures, three railroad culverts and the irrigation ditch. Practically the entire Loadout area was covered in snow. The weather was cold. Loaded acid empty railcazs were on site, although there were no railcar loading or coal haul truck unloading operations during the field inspection. As part of the SAE, runoff from the westernmost section of the Loadout railroad spur is treated with a silt fence, designated asSAE-4 on Map 14, before it flows into the railroad culvert. The silt fence was in place. The dugout pond was snow covered. The collection ditches for the west topsoil stockpile area had sufficient capacity and led to the dugout pond. There was only snow in the pond, however. The pond has a single open channel spillway for discharges. Riprap covered the outslope below the spillway. Dischazge water from the dugout pond would run through a silt fence, designated SAE-3 on Map 14, before entering the central railroad culvert. Water from the irrigation ditch also flows into this central railroad culvert. Finally, as part of the small azea exemption, silt fence was located on either side of the culvert inlet for disturbed azea runoff treatment. Just east ofthe railcaz Loading structure, the third SAE structure is located. Designated as SAE-I, it consists ofa ring of straw bales azound the drop inlet to a railroad culvert. This structure treats runoff from the eastern portion of the small area exemption. The straw bales were securely in place. The east sediment pond had some ice-covered water in it, one foot below the primary dischazge pipe inlet. The gated valve was closed. The pond embankment and inslopes were covered in snow but appeared to be stable. The sediment control system at the Terror Creek Loadout was functioning properly and there was no evidence of any offsite impacts from the Loadout operations. c: /word/terror/in sp 1205