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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 was a Phase 1 bond release inspection for the west side of the mine site. The Phase 1 bond release application was submitted by the operator on July 5, 1996. The public notice, announcing the submittal, was published Auqust 8 through August 29, 1996. Because the surface of the permit area is owned by the operator, and because the Division did not receive any comments from the public concerning this bond release submittal, only the operator and OSM were informed of this inspection. Present for this inspection were Bob Medler of W. R. Grace, Mike Neumann of TerraMatrix, and David Berry and Joe Dudash of Colorado DMG. OSM did not send a representative to this inspection. In the bond release application, the operator requested Phase 1 release on 42 acres, including the shop/warehouse area, landfill area, explosives storage area and topsoil stockpiles A and B. The Division has recommended to the operator that the corridor between the landfill area and the explosives storage area also should be included in the Phase 1 bond release. In addition, topsoil stockpile C may also need to be considered in this bond release package. The Division will conduct a follow up inspection in order to assess the resolution of any field problems that need to be addressed. After all of the Phase 1 bond release issues have been resolved, the Division will issue a proposed decision and findings document. ERPLOSIVES STORAGE AREA Pond 1 has been backfilled and graded. The operator demonstrated, in minor revision no. 10, that the disturbed area drainage for pond 1 could meet sediment limitations without the pond. The entire pond embankment was used in completely filling up the pond. The regraded pond area appears to have positive slope but the Division recommended that the slopes be measured for positive drainage after the operator is finished with all of the dirt work. The operator plans to rip or disk the backfilled area, followed by seeding, possibly drill seeding. The two pond trickle tubes need to be removed from the site. As to the explosives storage area, the backfilled and graded slope conforms to the approximate original contour (AOC), blending in with the adjacent topography. The backfilled slope appeared to be 1