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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made during <br />the inspection. Comments also describe any enforcement actions taken during the inspection and the <br />facts or evidence supporting the enforcement action. <br />This was a complete inspection conducted by Janet Binns of Colorado Division of Reclamation, Mining <br />and Safety. Mr. Roy Karo of HGTI provided access to the records located at the HGTI /Seneca Coal Co. <br />office, located at the load out. The site is an inactive load -out. The operation is approved to operate as a <br />load -in facility too, but construction of off loading structures has not commenced. Weather was clear <br />and cold (15 degrees F) with approximately 4 to 6 inches of snow on the ground. <br />Records: Records for the Load Out were checked at the HGTI office. HGTI and the consultant are in <br />the process of moving records from the Hydro - environmental office to the HGTI office. The Air <br />Emissions permit has expired (8/23/2008). Since no loading or unloading activity is occurring on the <br />site, the operator will wait until the operation is planned to reactivate prior to obtaining a new emission <br />permit. This is acceptable with DRMS. Several other items are identified in the Records form attached <br />to this report that need to be updated and available on file at the mine office. The Division understands <br />that the records are currently in the process of being transferred to the Load out office. <br />Hydrologic Balance: The load out site was snow covered. Ditches were snow covered and not visible. <br />No The truck loop pond (Pond 1) was holding a frozen pool of water below the discharge riser elevation. <br />The rail loop pond (Pond 2) was snow covered and mostly dry. A small frozen puddle was noted in the <br />bottom of the train loop pond. <br />Fall ground water sampling was conducted September 23, 2009. Analyses from September GW <br />sampling were in the hydrologist's files at the HGTI office. <br />Support facilities: A small animal pen has been constructed as approved and was holding 2 yaks. HGTI <br />personnel discussed plans to dismantle portions of the coal loading structure. Asbestos material has been <br />identified in a portion of the structure. HGTI is working with a licensed removal company for proper <br />asbestos handling when demolition begins. The facilities area is idle with no new activity occurring on <br />site since the September inspection. <br />No maintenance items were identified other than updating of the records. <br />3 of 5 WHITE - File YELLOW - Operator PINK - Specialist <br />