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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. On August 27, 1991, Cathy Begej performed a complete inspection at the Grassy Gap Mine. Mr. Tom Emmett (Albuquerque Field Office, Office of Surface Mining) accompanied Mr. Robert Inman on an oversight review of Approximate Original Contour(AOC) issues at Pits 5 and 6. This review was performed at the request of Henry Austin, (Albuquerque Field Office, Office of Surface Mining) following his review of records during a February, 1991, oversight inspection. The Rockcastle Coal Company originally mined the Grassy Gap Mine under pre-law permit 78-45. A complete application for a Permanent Program permit was accepted by the Division February 27, 1981. Prolonged permitting followed, and a Permanent Program permit was issued April 23, 1985. During the intervening period the 22.3 acres of Pit 5 was seeded July, 1984, and the 10.6 acres of Pit 6 was seeded October, 1984. The permittee closed down operations and sent the Division a Temporary Cessation letter on June 21, 1985. The Division had raised questions about AOC at Pits 5 and 6 on December 16, 1988, as part of the Mid-Term Review. The operator failed to adequately address adequacy concerns connected with the Mid-Term review, and did not post adequate bond, and so a Settlement Agreement was developed to achieve reclamation of an open pit, to resolve outstanding permitting and enforcement concerns, to prepare filings for bond release and to forfeit a portion of the bond. The Colorado Mined Land Reclamation Division (CMLRD) is reviewing (AOC) issues as part of that June 26, 1990, Settlement Agreement (Paragraph IV(1)) with the operator, Rockcastle Coal Company. Rockcastle Coal Company is obligated through the Settlement Agreement to complete an engineering study identifying geotechnically and geomorphically unstable areas of Pits 5 and 6 which do not conform to the approved postmining topography. Unstable areas are to be stabilized. Rockcastle Coal Company contracted with ACZ Engineering out of Steamboat Springs, CO to perform the studies. They prepared an analysis of the site dated October 4, 1991, and submitted a mitigation design on January 21, 1991. The Division responded with adequacy questions on October 23, 1990, and April 24, 1991. At this point in time, the Division is seeking mapping of the pits and requesting modifications to the stabilization proposal.