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III. COMMENTS -COMPLIANCE Below are comments on the Inspectlon. The comments Include discussion of observations the Inspectlon and the facts or evidence supporting the enforcement action. This was a partial inspection conducted by Janet Binns. This inspection was conducted in three parts. The first portion of the inspection involved observation of cropland areas included in the partial Phase II Bond Release application, SL-03. Mr. Randy Pair of the Office of Surface Mining Regulation and Enforcement accompanied this portion of the inspection. The second portion of the inspection consisted of the Division's partial inspection. The third portion of the inspection consisted of observation of a neighboring landowner's spring. Neighboring landowners, Francis and Louise Lux contacted the operator and the Division concerning impact to a spring located to the south of the Lux's property that has diminished flow. Mr. and Mrs. Lux accompanied the portion of the inspection that involved observation of the location of the South Lux Spring. Mr. Forrest Luke of Trapper Mining Inc. accompanied the portion of the inspection observing the reclaimed cropland. Mr. Kazl Koehler of TMI accompanied the other two portions of the inspection. The mine property azea has been very dry. A front moved in during the inspection resulting in 0.2 inches of rainfall and cooler temperatures. Reclamation Success: The cropland areas are planted to a grass/alfalfa hayland. The hay has been cut and bales removed. The cropland areas included in the partial phase II bond release application were seeded between 1982 and 1994. Only one erosion feature was noted on the reclaimed cropland. This consisted of a small gully approximately 10-12 inches deep and 50 foot long. This feature begins gradually with no sign of head cutting. Grasses are present in the bottom of this gully indicating stabilization of this feature. Flow at the base of this feature spreads out and does not continue to cut downslope. The Division determined that this feature is minor and should not impact the post mining land use. No other erosion features were encountered throughout the reclaimed cropland azea. Vegetation sampling transect stakes were encountered throughout the bond release block. The cut vegetation remained fairly consistent through the block and between the transect locations. Remaining cover on the parcels seeded in 1982-1984 was visually higher than the remaining cover on the areas seeded in 1993-1994. Several localized bare areas were noted on the 1994 reclaimed parcel. This parcel was located on the extreme western portion of the bond release block. The bare areas correlate to the final pit cut. Mr. Luke indicated that a small settlement scarp had formed in this location. TMI has graded and re-seeded the scarp in 2000. There was evidence of vegetation beginning to establish in these repaired areas. No erosional features were associated with these repaired areas. The three baze areas were approximately 15 ft. wide by 50 ft. long, 20 ft. wide by 100 ft. long, and 20 ft. wide by 70 ft. long. These areas are located at the head of the West Buzzard drainage. The overall area is small compazed to the bond release parcel and these spots aze showing sign of vegetation re-establishment and do not hinder the post-mining land use. No evidence of noxious weeds were discerned throughout the bond release parcels. Sedimentation pond removal is not a portion of this bond release application. Sediment ponds in West Buzzard, East Buzzard, Far East Buzzard, Coyote and No Name drainages capture any runoff from these bond release parcels. Topsoil depths have been verified previously by the Division. The Division conducted a topsoil verification inspection in July 1996 that included topsoil sampling in the area covered by the bond release block.