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III. COMMENTS - COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of ot~servations made <br />during the inspection. Comments also describe any enforcement actions takers during the <br />inspection and the facts or evidence supporting the enforcement action. <br />This was a Phase II bond release inspection conducted by Kent Gorham of the Colorado <br />Division of Minerals and Geology. Ron Thompson represented Basin Resources during the <br />inspection. Henry Austin of the Office of Surface Mining also attended the inspection. <br />Three objections were received concerning this bond release application. Mr. John <br />Toupal, landowner to the east of the disturbed area, was out-of-town and could not <br />attend the inspection. Representatives from the Oil and Gas Conservation Commission, <br />another formal objector, did not attend the inspection. Finally. Ms. Ann Tatum, <br />landowner at the Northwest fan site (NW-1), was also unable to attend the inspection. <br />The parties determined to commence with the inspection but leave the inspection process <br />open until Ms. Tatum could attend and her objections could be observed. Therefore, this <br />inspection is the first part of a two-part inspection process. the second dated <br />10/25/2000 conducted by David Berry, Coal Program Supervisor of the Colorado Division of <br />Minerals and Geology. <br />Phase I bond release was granted for the main disturbed area at the mine site on <br />December 11, 1997. Three small outlying disturbed areas, the two Apache Canyon vent fan <br />disturbances and the NW-1 vent fan disturbance. were not included in the Phase I release <br />process. For the purposes of this inspection, they were visited to determine the <br />condition and status of the reclamation. The weather was mild on this day and ground <br />conditions were excellent for inspection purposes. <br />Signs and Markers <br />The mine identification sign is posted at the permit boundary prior to the railroad <br />crossing at the main access road. It was found in compliance and reflected current and <br />accurate information as required by Rule 4.02.2 and 4.30.2(3). <br />Fish and Wildlife <br />Evidence that deer and elk use the reclaimed areas was noted. Cattle are not grazed at <br />this site. Lands are under an exclusive lease-back arrangement with 'the Colorado <br />Division of Wildlife. Lands surrounding the disturbed areas south of Highway 12 are <br />part of the Bosque del Oso State Wildlife Area. <br />Revegetation <br />Reclaimed areas are depicted on Figure A-1 of the bond release application. The largest <br />contiguous portion of reclamation is labeled B-G on the figure. These areas were <br />traversed on foot in a random fashion. Particular attention was focused on the steeper <br />