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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 partial inspection and a bond release inspection. The Division received a bond release <br />application from the operator on September 11, 2003, and found the application complete on October 6, <br />2003. The file number is SL-8. <br />The bond release application requests Phases I, II, and III release on approximately 15.6 acres of the <br />permit area. The bond release parcel is comprised of the powerline (former conveyor) corridor and the <br />adjacent Goat Trail Road. The amount of bond requested for release is $ ],137,755 of the total <br />$3,839,884 of bond. The postmining land use is commercial/industrial as approved by the Division in <br />TR-37 in 1998. The revegetation success standazd for the bond release parcel is a ground cover of living <br />plants sufficient to control erosion, as approved in TR-42 in 2003. <br />A Phase I bond release occurs when the permittee successfully completes backfilling, regrading, and <br />drainage control (Section 3.03.1(2)(a). <br />A Phase II bond release occurs when the permittee has established vegetation which supports the approved <br />postmining land use and which meets the approved success standazd for cover (Section 3.03.1(2)(b). The <br />lands proposed for a Phase II release cannot be contributing excessive sediment outside the permit area <br />(DMG's "Guideline Regarding Selected Coal Mine Bond Release Issues" dated April 18, 1995, page 5), and <br />damages to prime farmland or alluvial valley floors must be 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 />During the inspection Tom Kaldenbach represented the Division of Minerals and Geology. Steve Leach <br />of Pittsburg and Midway Coal Co. represented the operator. Pittsburg and Midway Coal Co. also owns <br />all of the land surface in the bond release parcel. Attending the introductory part of the inspection, but <br />not participating in the rest of the inspection, were Chris Wypych and Greg Hansen of Yampa Valley <br />Electric Association, and Ron Crawford. Yampa Valley Electric has a powerline easement on the bond <br />release parcel. Ron Crawford has a hunting lease on the Edna Mine. The Division notified the Office of <br />Surface Mining and the Bureau of Land Management, but they did not attend the inspection. Henry <br />Austin of the Office of Surface Mining examined the bond release parcel two weeks earlier during an <br />oversight inspection of the Edna Mine. <br />The site was dry and fully accessible. With the operator's consent, this report was issued from the Denver <br />office. Photographs taken of the bond release area during this inspection aze at the end of this report. <br />Roads <br />The Goat Trail Road was fully passable and was in good condition. This road is approved as permanent. <br />3 <br />