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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. The permit for this site was revoked in <br />1989. The Division holds a letter of credit bond for the site, issued by Rocky Mountain Bank & Trust <br />(the operator). The Division received a bond release request from the operator on February 12, 2004, <br />and found the application complete on Apri130, 2004. The file number is SL-2. The amount of bond <br />requested for release is $10,276, which is all of the bond on deposit with the Division. <br />The bond release application requests Phase III (final) release on all 193 acres of the permit area. The <br />land and coal is privately owned. The entire azea underwent Phase I and II release in 1996 (SL-O1). <br />Approximately 7 acres on the site were disturbed by mining operations. The disturbed area had been <br />disturbed prior to enactment of SMCRA. The disturbed azea consists of the former portal bench, <br />highwall, and access road. The approved postmining land use for the site is grazing (rangeland) with <br />incidental wildlife use. As a prelaw disturbance, the reclaimed azea is subject to the revegetation <br />success standazds of Section 4.15.10(1). <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, and <br />Michael Savage represented the operator. No one else participated in the inspection. The Division had <br />previously sent notices of the inspection to the operator and surface owners within and contiguous to <br />the site. The Office of Surface Mining was also notified. <br />The site was dry and fully accessible. With the operator's consent, this report was issued from the Denver <br />office. <br />Hydrolo~ic Balance <br />All sediment control structures were removed prior to the previous bond release, SL-O1. <br />Vegetative cover appears to be adequately controlling erosion throughout the site with the exception of <br />a gully in the main drainage as previously described in the November 2003 inspection report. The <br />operator has this gully scheduled for repair in the next few weeks. No sediment fan was evident at the <br />downhill end of the gully. The gully formed a few years ago during a large storm event as explained in <br />Apri12002 inspection report. Gully or rill problems were not found elsewhere on the site. Other than <br />the gully, the site appears to be no more susceptible to erosion than surrounding undisturbed lands. <br />There were no signs of seepage below the reclaimed portal. The slope leading up to the portal bench <br />appears stable. No off-site hydrologic impacts were apparent in Hay Gulch downhill from the disturbed <br />azea. <br />