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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 and a Phase II/Phase III bond release inspection. The Division <br />received a Phase II/Phase III bond release request from the permittee on Februrary 27, 1998. The <br />request covers 357.3 acres, $196,271 for Phase II and $304,870 for Phase III. Excluded from the <br />request are three shrub parcels covering approximately 5.1 acres and a slump area covering <br />approximately 1.7 acres. <br />A complete inspection is an on-site review of a permittee's compliance with all permit conditions and <br />requirements (Section 5.02.2(2)) . A bond release inspection is conducted to evaluate a permittee's <br />reclamation work (Section 3.03.2(2)). <br />A Phase II bond release occurs when the permittee has established vegetation which supports the <br />approved postmining land use and which meets the approved success standard for cover (Section <br />3.03.1(2)(b)). The lands proposed for a Phase II release cannot be contributing excessive sediment <br />outside the permit area (DMG's "Guideline Regarding Selected Coal Mine Bond Release Issues' <br />dated April 18, 1995, page 5), and damages to prime farm land or alluvial valley floors must be <br />mitigated (Section 3.03.1(3)(b)). <br />A Phase III (final) bond release occurs when the permittee has successfully completed all surface coal <br />mining reclamation operations in accordance with the approved reclamation plan (Section 3.03(2)(c)). <br />The final inspection and procedures of Section 3.03.2 must also be satisfied. <br />The inspection was conducted by Tom Kaldenbach and David Berry of the Colorado Division of <br />Minerals and Geology. Jon Kubic of the Colorado Water Quality Control Division participated during <br />the first half of the field inspection when water quality was the main focus. The permittee was <br />represented during the field inspection by Bob Medler of H-G Coal Company, and Mike Neumann and <br />John Weinman of TerraMatrix. Toby Leeson of TerraMatrix joined in part of the field inspection. Tom <br />Kaldenbach conducted the records check (for the complete inspection) in TerraMatrix's office; John <br />Weinman represented the permittee during the records check. <br />H-G Coal Company is the only landowner in the permit area. <br />The ground was dry. <br />AVAILABILITY OF RECORDS <br />The records checklist is attached. <br />SIGNS AND MARKERS <br />The two mine i.d. signs displayed on County Rd. 53 contained the correct information. Permit <br />perimeter signs and a stream buffer sign were also properly displayed. <br />ROADS <br />All ranch roads were in good condition. Both entrance gates on County Road 53 were locked. <br />During the inspection, the permittee's representative explained a plan to route approximately 50 truck <br />loads of rock from the east side gate on County Road 53 to the slump area in the southeastern part of <br />-3- <br />