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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the inspection <br />and the facts or evidence supporting the enforcement action. <br />This was a Phase I bond release inspection conducted by Kent Gorham of the Colorado <br />Division of Minerals and Geology (DMG). Lorencito Coal Company (LCC) submitted an <br />application for Phase I bond release in August 2003 following the completion of backfilling <br />and grading at the site. However, this application was found incomplete due to the lack of <br />specific information as detailed in the DMG's letter of August 27, 2003. On February 27, <br />2004, the DMG received additional information and subsequent to review of this information, <br />the bond release application was found complete on March 10, 2004. In accordance with <br />Rule 3.03.2(2) the DMG must conduct an inspection and evaluation of the work conducted <br />within 30 days of finding the application complete. The weather was cold and windy and <br />ground conditions were very wet and muddy due to the recent arrival of badly needed rain <br />and snow. Areas were accessible by foot. <br />The following parties were present for the inspection; Mike Powell, landowner representative; <br />Ron Thompson and Bobby Steele representing Lorencito Coal Company(LCC); and Robert <br />Lucero and Vince Vigil representing Las Animas County (LAC). The inspection began with <br />all parties meeting at the coal loadout where apre-inspection briefing was held. Topics <br />covered during the briefing included the amount of bond subject to the release request, the <br />reclamation requirements of a Phase I request (backfilling, grading, and drainage control), <br />areas subject to the request, and Division policy in terms of calculating bond necessary to <br />complete remaining reclamation work. The process of requesting an informal hearing and <br />objecting following a proposed decision by the Division were also discussed. <br />Subsequent to the pre-inspection briefing, the inspection began on the east end of the <br />reclaimed mining area. Fill 9 was viewed and no slumps, slides, or evidence of instability <br />were noted. Above Fill 9 is an area consisting of a flattened ridge with a reclaimed highwall <br />on the western edge of the flat area. Drainage control in this area is a combination of ditches <br />on both the north and the south highwall, running laterally down the highwall at a 2-5% <br />grade, then entering riprap-lined channels. One channel directs flow to the southwest <br />downdrain of Fill 9. The other channel directs flow to the north into a culvert under the <br />permanent road that skirts the north side of the reclaimed area. Ditch maintenance to <br />remove siltation and final completion of the riprap channel (placement and addition of small <br />rock) are necessary in this area. Highwalls were observed and were found blended well into <br />the undisturbed area above. Small, undisturbed rock outcroppings were noted at the top of <br />the reclaimed highwall. Mining did not remove the "center core" of the undisturbed ridge, <br />resulting in more of a contour mining operation in this area rather than the planned mountain <br />top removal. <br />3 <br />