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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 support~n9 the enforcement action. <br />This was a complete inspection and a bond release inspection. Tom Kaldenbach of the <br />Division of Minerals and Geology and Rick Mills, the operator's representative, <br />participated in the entire inspection, including the records check on November 1. <br />During the field portion of the inspection on November 2, which included the bond <br />release portion of the inspection, the following individuals also participated: Dan <br />Hernandez of the Division of Minerals and Geology, Henry Austin of the USDOI Office <br />of Surface Mining, and Jim Chubrilo of the Colorado Water Quality Control Division <br />(first half of field inspection, only). <br />A Phase III (final) bond release occurs when the permittee has successfully <br />completed all surface coal mining reclamation operations in accordance with the <br />approved reclamation plan (Section 3.03(2)(c)). The final inspection and procedures <br />of Section 3.03.2 must also be satisfied. <br />The Division received the operator's request for full Phase III bond release on <br />October 17, 2001 and called the application complete on October 22. The file number <br />is SL-08. The application covers the remaining 2,338.5 acres in the permit area and <br />a bond amount of $1,563,445. The Division notified all surface owners within the <br />permit area prior to this inspection. <br />The weather was clear and cool, and the ground was dry. Large parts of the following <br />areas were inspected: .1, 2, 7, 9, 10, 26, 31, 51 E and W, overburden stockpiles 1 <br />and 2, small outlying parcels near pond F, and ponds A and H. <br />RECORDS AVAILABILITY <br />All required records were on hand in the mine office (see attached checklist). <br />HYDROLOGIC BALANCE <br />Pond A. This pond was not discharging. The flume was in good repair (NPDES permit <br />CO-0027154, outfall 001). The embankment and inslopes were well-vegetated and <br />appeared stable. <br />Pond Ii. This pond also was not discharging. The water level was more than a foot <br />below the lowest holes in the drop inlet. The embankment and inslopes appeared <br />stable. <br />Stock Ponds. Of several stock ponds inspected, three contained water despite <br />relatively dry fall weather (two in Area 7 and one in Area 61). Embankments and <br />inslopes appeared stable at all stock ponds inspected. <br />Spoil Springs. Field parameters measured are shown in Table 1, below. These data <br />indicate no change in spoil leachate quality from the historical trend. The Division <br />will incorporate these data into its in-office evaluation of hydrologic data for <br />this bond release. <br />Page 3 <br />