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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. Flatiron Companies submitted a Phase II and III bond release application last summer. It was deemed complete on September 9, 1999. This inspection was a complete inspection to evaluate whether the Phase II and Phase III, final bond release criteria have been achieved. Participating in the inspection were: Scott Patten representing Flatiron Companies; Randy Pair representing OSM and myself representing DMG. The weather was cloudy with intermittent light rain. Records A copy of the final bond release application was on file at the Jackson County Courthouse. Sians and Markers The entrance sign continues to be posted at the west entrance. Roads There are two roads on the Bourg Mine, the perimeter road and the oil company road. Both have been approved as permanent roads. The perimeter road is rough, but very functional for access purposes. Nielson & Associates, the landowners, built the road traversing the mine site to gain access to a well they own east of the mine. The road has been well maintained with good drainage off the road. Jackson County added the entrance road to the county road system in 1988. One culvert exists under the county road at the west entrance gate. The road is maintained by the county. Hydroloaic Balance During the final reclamation, Flatiron Companies applied for received approval to create an alternative sediment control system. The ponds were removed and a series of terraces were constructed to control runoff off the reclaimed mine. This system has functioned very well at the Bourg Mine. No evidence of rill, gullies or off-site sediment deposition was observed. Following approval of the alternative sediment control system, the surface water monitoring program was discontinued. Surface water quality was monitored through annual rill and gully inspections and vegetative cover monitoring. Some rills and gullies were observed for the first couple years after the installation of the terraces, but for approximately the past five years, there has been no additional rills or gullies. Vegetative cover is very good and there has been no reported surface water flow at the mine site. During operations there were four sediment ponds. The reclaimed pond sites were inspected. There are slight depressions in the pond areas, particularly Pond C and H, but they are well vegetated and they do not hold water. The ground in the Pond C site was damp last spring, but the area was dry in July. A permanent gully was approved in 1990. The reclaimed gully is located just east of the entrance and flows north to Mann Draw. The gully now blends in well with the surrounding reclaimed lands and is well vegetated. No problems have been noted with the gully for several years and none were observed during this inspection. Two alluvial monitoring wells remain on site, Well 30A and 33C. They are located in Mann Draw. Biannual data has been collected by Flatirons since 1989. To date, there have been