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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made during <br />the inspection. Comments also describe any enforcement actions taken during the inspection and the <br />facts or evidence supporting the enforcement action. <br />This was a complete inspection and a bond release inspection conducted by Tom Kaldenbach of the <br />Division Minerals and Geology. The Division received a bond release application from the operator on <br />January 26, 2004, and found the application complete on August 18, 2004. The file number is SL-5. <br />The bond release application requests Phase III (final) release on approximately 94 acres of disturbed <br />land within the 170-acre permit azea. The bond release azea is comprised of all reclaimed azeas in the <br />former East Pit azea (the area east of Stollsteimer Creek) and in the Revision 1 area (the azea west of <br />Stollsteimer Creek). The amount of bond requested for release is all of the remaining $103,200 of <br />bond. <br />The approved postmining land use of most of the bond release azea is dryland pasture. A small part of <br />the azea is rangeland/wildlife habitat. The revegetation success standazds for the bond release area aze <br />set forth in Exhibit 5 of the pernut application. All of the bond release area has previously received <br />Phases I and II bond release. The Division most recently approved bond release application, SL-4, in <br />Apri12003. It was for Phase III (final) bond release of 16 acres comprised of the irrigated pasture <br />portion of the permit area (next to Stollsteimer Creek), and the surface facilities azea. <br />A Phase III (final) bond release occurs when the pennittee has successfully completed all surface coal <br />mining reclamation operations in accordance with the approved reclamation plan (Section 3.03(2)(c)). <br />In addition to myself, the following people participated in the fieldlbond release portion of the <br />inspection: Mike Keegan of Kaiser Resources, Inc. (the mine operator), Jerry Koblitz of Greystone <br />Environmental Consultants, Inc. (the mine operator's consultant), Albert Lucero (the mine operator's <br />earthwork contractor), Amos Martinez (son of the principal landowner, Mel Martinez), Bill Zimsky <br />(Mel Martinez's attorney), Glenn Raby of the U.S. Forest Service (part of the Revision 1 azea is federal <br />land), and Mitch Rollings of the U. S. Office of Surface Mining. The owner of most of the land in the <br />bond release azea, Mel Martinez, attended the introductory part of the inspection and the close-out <br />portion of the inspection, but did not go along on the walk azound the bond release azea. <br />With the operator's consent, I am issuing this report from DMG's Denver office. The site was dry and <br />fully accessible. The ground was dry. Grasses and forbs have turned brown as the growing season has <br />ended. Attached photographs (Figures 1 - 16) were taken during the inspection. <br />AVAILABILITY OF RECORDS <br />As part of the complete inspection, I checked the mine records on file at the Archuleta County <br />courthouse on the day prior to the field bond release portion of the inspection. All required records <br />were available (see attached list). <br />SIGNS AND MARKERS <br />The mine i.d. sign was properly displayed at the entrance to the site. <br />3 <br />