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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. replaced by straw bales. The west silt fence could use replacement soon. The other silt fences were in place as well. Facilities There were no problems observed at the office and shop area, the material storage area, the facilities bench and the rail loadout structures. The berm on the outslope of the facilities bench was functional and kept coal away from the outslope. The berm azound the fuel storage area was also functional. The operator was still getting stockpiled coal from the Sanborn Creek Mine. The operator was in the process of loading railcars. Other railcars, already loaded with coal, were stationed on the west end of the permit area. The operator is stockpiling coal on the west side of the facilities bench. There were no problems with fugitive dust on the facilities bench. Because of the high winds, some blown coal dust was getting into our eyes when we were just east of the loadout structure by the railroad tracks. There did not appear to be any fugitive dust problems off site. Tonsoil There were no erosional problems. at either of the topsoil stockpiles. Diversion ditches were in place at both stockpile locations. Topsoil signs were present. ecords All of the records were checked and found to be in compliance. In addition, as part of the oversight inspection, a check was made of the availability of public review information records at the Delta County courthouse. Tate only ongoing revision that requires public availability of the submittal information is Permit Renewal No. 3. This information was in the courthouse as required. c:\wp61 \terror\ i ns p0299