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III. COMMENTS-COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made during the <br /> inspection. Comments also describe any enforcement actions taken during the inspection and the facts or <br /> evidence supporting the enforcement action. <br /> This was a complete inspection conducted by Joe Dudash of the Colorado DRMS.Jim Kiger represented the <br /> operator,Terror Creek LLC. The site had some precipitation a few days ago. <br /> Roads <br /> The paved entrance road off of old state highway 133 was in good condition. The guard rail was up. The <br /> graveled entrance road on the east side of the loadout was in good condition as well.The light use dirt road that <br /> runs adjacent to the railroad tracks was passable. <br /> Signs and Markers <br /> The mine id signs were up at the main entrance,east entrance and along the back road near the railroad tracks. <br /> The required intormation was on each sign. Permit boundary markers were up around the permit area. <br /> Facilities <br /> The operator was using a front end loader to place coal from a stockpile into the grizzly. There was a little coal <br /> dust from this operation but it was very local in nature.No fugitive dust left the immediate area. The operator <br /> was also crushing and screening the coal but there was no fugitive dust from this operation.No railcars were <br /> being loaded during the inspection,although several loaded and unloaded railcars were on site.No coal haul <br /> trucks were being unloaded during the inspection. There was no fugitive coal dust on the highway. <br /> There were no problems with any of the facilities, including the coal unloading and loading structures,the <br /> loadout office, substation,material storage area and the fuel facility. <br /> Topsoil Stockpiles <br /> The west topsoil stockpile was well vegetated. The ditch/berm around the stockpile was functional. The topsoil <br /> stockpile sign was up.The topsoil stockpile on the east side of the loadout also had a good vegetative cover.The <br /> upper diversion ditch and the collection ditch associated with the stockpile were in place.The topsoil signs were <br /> up on the stockpile. <br /> Hydrology <br /> The ditches and culverts around the loadout site were functional. The straw bales and silt fence along the <br /> railroad track small area exemption were in place. There was no water flowing in the private ditch and culvert. <br /> The dugout pond on the west side of the loadout was dry. The pond's combination spillway was clear. There <br /> was a small volume of water in the sediment pond on the east side of the loadout. The primary discharge pipe <br /> valve was closed. The emergency spillway had sufficient capacity.The pond embankment and inslopes were <br /> well vegetated and appeared to be stable. <br /> Records <br /> The loadout records were in compliance, as documented on the attached records checklist. <br /> c:/word2007/terror/insp0409 <br />