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<br />III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the <br />inspection and the facts or evidence supporting the enforcement action. <br />treatment capacity during the winter months have been removed and the ponds <br />have been returned to their previous capacity. Ponds A and B levels were <br />below the dewatering holes. <br />During the discharge of pit water in January a water sample was taken by the <br />operator per NPDES requirements. Because of the new status as an industrial <br />water treatment facility this sample was analyzed using the WET testing <br />method. The anatysis showed that there was no chronic toxicity for the flathead <br />minnow and only reproductive toxicity for the Cerrodaphnia. These results <br />require no immediate action by the operator. Because these ponds will no <br />longer be treating pit water, the operator has requested that the CDH revert the <br />permit back to storm water only. <br />Ditches along the access road were snow covered and drifted over The <br />drainage to the Ponds did not appear to be carrying water since they were snow <br />covered. Pond E, that had a problem last year with a frozen discharge that <br />prevented dewatering, was low and snow covered. It did not appear that this <br />pond has received appreciable melt water this year. <br />The loadout was inspected. The south facing haul road was still snow covered <br />in sections. The loadout was walked. The pond that always contains water was <br />snow covered. This pond has never discharged. Perimeter areas looked good. <br />A good amount of coal is being stored at the loadout for a future test burn. <br />This pile has had problems from hot spots in the past. <br />