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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 inspection <br />and the facts or evidence supporting the enforcement action. <br />This was a complete inspection of the Marr Strip Mine and Walden loadout facility conducted on <br />November 15, 2004 by Mike Boulay of the DMG. There were no representatives from Kerr Coal <br />Company present during the inspection and there was no activity at the mine site. The majority <br />of the site was free of snow cover; however, the entire mine azea was wet and muddy. Weather <br />conditions were cleaz and windy. <br />Availability of Records <br />Records were reviewed at the Montgomery Watson Hazza office in Steamboat Springs on the <br />morning of November 17, 2004. Not all of the required records could be located for review. <br />Please see the attached Availability of Records checklist. Rill and Gully Surveys could not be <br />located and were not in the labeled file folder. The Certificate of Insurance expired on 10(01/04 <br />and a current Certificate of Insurance was not located in the files. Files have not been updated <br />with quarterly pond inspections since the first quarter of 2004. Please continue to maintain and <br />update all records on a regular basis. Also, please update the record files with a current <br />Certificate of Insurance and forwazd a copy to the Division for our records as soon as possible. <br />Roads <br />County Road 12 was wet with azeas of standing water. The surface of the permanent light use <br />road accessing the mine site was wet and muddy. Access was very limited due to the slick <br />driving conditions on the permanent light use road. Perimeter azeas at the site were well <br />maintained and there was no evidence of anyone recently accessing the site. <br />Hvdrologic Balance <br />Sedimentation Ponds E, F, and G were inspected. None of the ponds were dischazging at the <br />time of the inspection. Pond E was retaining water at a level several feet below the principal <br />spillway. The surface of Pond E was partially frozen. Pond F was retaining water well below the <br />level of the principal spillway and Pond G was retaining a very small amount of water. Pond <br />embankments were stable at these pond locations and no problems were noted. <br />Offsite Sunnort Facilities <br />The loadout facility was secure and the entrance gate was locked. Vegetation at the site was <br />brown and the surface of the site was muddy. The loadout pond was neazly full but was not <br />discharging. The site is generally well maintained and no problems were noted at the loadout <br />facility. <br />