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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 February 3, 2005 by Mike Boulay of the DMG. There were no representatives from Kerr Coal Company present during the inspection at the mine site or loadout facility. The mine site was heavily snow covered at the time of the inspection, and weather conditions were foggy and cold. Availability of Records Records were reviewed at the Montgomery Watson Hazza office in Steamboat Springs on the afternoon of February 2, 2005. Please see the attached Availability of Records checklist. The files have not been updated with the third and fourth quarter quarterly pond inspections and the current Certificate of Liability Insurance was not available for review in the records file. Please continue to maintain and update all records on a regular basis. The permanent light use road accessing the site was icy and snow packed. Access was very limited due to the snow packed conditions and drifting 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. Pond F appeared to be retaining a small amount of water and Pond G was not retaining water. Pond surfaces, inlets and embanlffnents 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 and entire loadout azea were snow covered. The loadout pond was retaining water and was frozen at the surface and entirely snow covered. The loadout pond was not discharging water. The entrance gate was closed and there was no activity at the site. No problems were noted at the loadout facility.