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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 inspection report documents the results of the partial Phase One bond release (SL-3) field inspection at the <br />Bowie No. 1 unit train loadout. Representing the operator was Basil Bear and Jim Stover. Representing the <br />Division was Sandy Brown and Joe Dudash. A normal monthly inspection of the unit train loadout was <br />conducted concurrently with this bond release inspection. A separate inspection report was generated for the <br />normal monthly inspection. <br />Bond Release Process <br />The process of releasing the reclamation liability bond for a mine site involves three phases. At Phase One, up to <br />sixty percent of the total reclamation bond can be released for successful completion of backfilling, grading and <br />drainage control as required by the approved plan. At Phase Two, up to 85 percent of the total reclamation bond <br />can be released for successful establishment of vegetation as required in the approved plan. At Phase Three, the <br />remaining reclamation bond can be released upon completion of all of the reclamation work, but not before a <br />period often years has passed afrer the last augmented seeding, fertilizing, irrigation or other work. <br />There are additional considerations in the bond release process. One consideration is that no more than sixty <br />percent of the reclamation bond can be released if the suspended solids level from the reclaimed area is greater <br />than that ofpre-mining levels or from adjacent, undisturbed areas. Another consideration is that the Division can <br />not release any reclamation bond that would result in insufficient funds to finish the remaining reclamation <br />work. <br />The operator must submit a formal request to the Division for each reclamation bond release phase. Notification <br />of the bond release request is made with the publication of a public notice and by notification letters sent to <br />adjoining landowners, surface owners and various local government agencies. When the Division calls the <br />submittal complete, a field inspection and evaluation is conducted to determine the status of the reclamation <br />work that was performed. The field inspection and evaluation are to be held within thirty days of completeness <br />or as soon as weather permits thereafter. The inspection and evaluation report is to be made available to the <br />public at the Division's offices. Objections to the bond release may be made within thirty days of the submittal <br />completeness date or within thirty days of the completed field inspection. After this initial objection process has <br />been completed, the Division makes its proposed decision. The proposed decision is made by the Division as to <br />whether to release or not release all or a portion of the reclamation bond. Written notification of the proposed <br />decision is sent to the permittee, the surety company and interested parties. The written notification details in a <br />findings document the reasons for the proposed decision, provides recommendations for any additional work <br />needed to complete the bond release and informs the parties of their right to appeal the proposed decision. The <br />Division also publishes the proposed decision in a public notice. <br />Unit Train Loadout Bond Release Submittal Background <br />Bowie Resources LLC (BRL) requested a partial phase one bond release in a submittal dated June 26, 2007 and <br />received at the Division on June 28, 2007. Included in the submittal was a certified certificate of service that <br />stated [hat notification letters of the partial phase one bond release request were sent to adjacent landowners and <br />to appropriate local governing bodies. [n a letter dated July 27, 2007 and received at the Division on July 30, <br />2007, BRL provided the required proof of publication for the public notice announcing the submittal of the bond <br />release request. The public notice was published on July 4, 1 I, 18 and 25, 2007 in the Delta County <br />Independent. <br />