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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 partial inspection of the Roadside Portals Mine conducted on May 17, 2010 by Mike <br /> Boulay of the Division of Reclamation, Mining and Safety (DRMS) Grand Junction Field Office. <br /> Tonya Hammond of Snowcap Coal Company(SCC)was present during the entire inspection. <br /> Weather conditions were sunny and warm. Ground conditions were dry. <br /> The primary focus of this inspection was to look at the recently completed reclamation of the <br /> Unit Train Loadout(UTL) Ponds No. 1 and No. 2. Ms. Hammond contacted me on May 14tn <br /> and we scheduled an inspection for the following Monday on May 171h. Wayne Brookshire of <br /> Halliburton Energy Services, Inc. and John Chutka of Skyline Contracting, Inc also attended the <br /> inspection. We all met at the UTL Pond No. 1 and began the inspection on the morning of May <br /> 17t <br /> Halliburton has purchased the UTL loop area from Snowcap Coal Company and has approval for <br /> a Conditional Use Permit from Mesa County to operate a sand storage facility at the UTL. As <br /> part of their purchase agreement with SCC, Halliburton is completing the final reclamation <br /> activities at the UTL loop area. Technical Revision No. 59 (TR-59)was approved in August <br /> 2009 and amended the reclamation plan for the two sediment ponds at the UTL in order to avoid <br /> recently identified jurisdictional wetlands. The proposed modifications to the reclamation plan <br /> eliminate any fill being placed in the wetland areas. A lesser amount of fill, nearly level with <br /> light use road number 4, will be placed at both ponds #1 and#2 and the fill will be sloped at a <br /> low grade away from the embankments to a drainage swale. SCC has been approved to leave the <br /> 30" CMP drainage pipes in place because they are approximately 100 feet long and they extend <br /> beneath the railroad embankment and tracks. <br /> TR-59 was approved with conditions and had the following stipulation: <br /> A COOPER'S HAWK NEST LOCATED ON SNOWCAP COAL COMPANY, INC.'S <br /> PROPERTY AT THE UNIT TRAIN LOADOUT IN THE VICINITY OF SEDIMENT PONDS <br /> 1 AND 2 HAS BEEN DOCUMENTED BY WESTWATER ENGINEERING. THE U.S. FISH <br /> AND WILDLIFE SERVICE IN THEIR LETTER DATED AUGUST 25, 2009 TO MESA <br /> COUNTY PLANNING AND DEVELOPMENT REGARDING THE HALLIBURTON <br /> CAMEO STORAGE YARD PROJECT HAS SPECIFICALLY REQUESTED THAT THE <br /> ACTIVITIES PROPOSED WITH TR-59 INVOLVING RECLAMATION OF THE PONDS <br /> NEAR THE COTTONWOOD STAND CONTAINING THE RAPTOR NEST BE DONE <br /> OUTSIDE OF THE NESTING PERIOD AND THAT NONE OF THE COTTONWOOD <br /> TREES IN THIS STAND BE CUT DOWN. THE PERMITTEE WILL COMPLY WITH THE <br /> U.S. FISH AND WILDLIFE SERVICE RECOMMENDATION TO COMPLETE <br /> RECLAMATION ACTIVIES OUTSIDE OF THE NESTING PERIOD TIMEFRAME <br /> (APPROXIMATELY APRIL THROUGH JULY) AND NONE OF THE COTTONWOOD <br /> TREES IN THE STAND SHALL BE CUT DOWN. <br />