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III. COMMENTS -COMPLIANCE Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. This inspection report documents the results of the Phase One bond release (SL-03) inspection at the Beaz No. 3 Mine. Present for the inspection was William Beaz, Senior, representing the operator, Bear Coal Company (BCC). BCC's consultant, Jim Stover of J.E. Stover & Associates was also present. The surface landowners of record of the disturbed azea undergoing application for bond release were Oxbow Mining LLC and Arch Coal Company. Representing Oxbow Mining LLC was Jim Kiger and representing Arch Coal Company was Henry Barbe. Representing the Colorado Division of Minerals and Geology (Division) were Sandy Brown and Joe Dudash. The Bear No. 3 Mine is classified as a federal mine. Therefore, representing the federal government during the bond release inspection was Mitch Rollings of the Office of Surface Mining. The process of releasing the reclamation liability bond for a mine site involves three phases. At Phase One, up to sixty percent of the total reclamation bond can be released for successful completion of back£lling, grading and drainage control as required by the approved plan. At Phase Two, up to BS percent of the total reclamation bond can be released for successful establishment of vegetation as required by the approved plan. At Phase Three, the remaining reclamation bond can be released upon completion of all of the reclamation work, but not before a period often years has passed after the last augmented seeding, fertilizing, irrigation or other work. There aze additional considerations in the bond release process. One consideration is that no more than sixty percent of the reclamation bond can be released if the suspended solids level from the reclaimed area is greater than that ofpre-mining levels or from adjacent, undisturbed areas. Another consideration is that the Division cannot release any reclamation bond that would result in insufficient funds to finish the remaining reclamation work. The operator must submit a formal request to the Division for each reclamation bond release phase. Notification of the bond release request is made with the publication of a public notice and by notification letters sent to adjoining landowners, surface owners and various local government agencies. When the Division determines that the submittal is complete, a field inspection and evaluation aze conducted to determine the status of the reclamation work that was performed. The Feld inspection and evaluation aze to be held within thirty days of completeness or as soon as weather permits thereafter. The inspection and evaluation report aze to be made available to the public at the Division's offices. Objections to the bond release may be made within thirty days of the submittal completeness date or within thirty days of the completed field inspection. After this initial objection process has been completed, the Division makes its proposed decision. The proposed decision is made by the Division as to whether to release or not release all or a portion of the reclamation bond. Written notification of the proposed decision is sent to the permittee, the surety company and interested parties. The written notification details in a findings document the reasons for the proposed decision, provides recommendations for any additional work needed to complete the bond release and informs the parties of their right to appeal the proposed decision. The Division also publishes the proposed decision in a 1