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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 supporting the enforcement action. <br />This was a partial inspection and a bond release inspection conducted by Tom Kaldenbach of the Division <br />of Minerals and Geology. Michael Savage represented the operator. No one else participated in the <br />inspection. The Division had notified the landowner and the OSM of the inspection. <br />The Division received a bond release application from the operator on July 27, 2004, and found the <br />application complete on October 12, 2004 after receiving the operator's public notice proof of <br />publication. The Division's file number for the bond release application is SL-2. The bond release <br />application requests Phases I, II, III (final) release on approximately 64.5 acres of disturbed land within <br />the 156-acres of disturbed land in the permit area. The permit area covers 225.4 acres. The bond <br />release area has received no previous bond releases. <br />Roughly 8 acres of the 64.5-acre bond release azea is comprised of the reclaimed former South pit area. <br />The remaining approximately 56.5 acres of the bond release area has not been reclaimed, as it is the <br />currently active gravel pit operation. The amount of bond liability requested for release is $150,416. <br />All of this bond is associated with the 8-acre former South pit area. The approved postmining land use <br />of the entire bond release azea is industrial/commercial (gravel mining). The Ewing pit #1 sand and <br />gravel mining operation has been active in the bond release area for several years. Four Corners <br />Materials, Inc. mines gravel under gravel mining and reclamation permit M-1992-116. After bond <br />release all of the bond release remain covered by that permit. <br />A Phase I bond release occurs when the permittee successfully completes backfilling, regrading, and <br />drainage control (Section 3.03.1(2)(a). <br />A Phase II bond release occurs when the permittee has established vegetation which supports the approved <br />postmining land use, and which meets the approved success standard for cover (Section 3.03.1(2)(b). The <br />lands proposed for a Phase II release cannot be contributing excessive sediment outside the permit azea <br />(DMG's "Guideline Regarding Selected Coal Mine Bond Release Issues" dated April 18, 1995, page 5), <br />and damages to prime farmland or alluvial valley floors must be mitigated (Section 3.03.1(3)(b)). <br />A Phase III (final) bond release occurs when the permittee has successfully completed all surface coal <br />mining reclamation operations in accordance with the approved reclamation plan (Section 3.03(2){c)). <br />The revegetation requirements applicable to the bond release area are those set forth in Rule 4.15.10(2) <br />because the area's approved postmining land use is industrial/commercial. This Rule requires <br />revegetation sufficient for controlling erosion. <br />The Ewing pit sand and gravel operation was active on the site. Attached photographs (Figures 1 -3) <br />were taken during the inspection. The inspection focused on the former South pit portion of the bond <br />release area, as this is the only part of the bond release azea where reclamation has been completed <br />(rest of the bond release area is an active sand and gravel mining operation). With the operator's <br />