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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. of this informal presentation, several of the participants departed (Rita Crumpton, Tom Crumpton, Mike Goolsby and Kane Schmeidel), because it became clear to them that the facilities they had concerns with were not included within the liability release area. The Bureau of Land Management (BLM) is the owner of a large percentage of the surface lands subject to the liability release request. Prior to the inspection, I had discussed the application with Bruce Fowler of the BLM. Mr. Fowler indicated that, due to the rugged, undeveloped nature of the BLM properties in the release request area, BLM did not have specific concerns related to the request and would not be attending the liability release inspection. Henry Austin of the Office of Surface Mining Reclamation and Enforcement (OSM) was also contacted regarding the inspection, and declined to attend, due to scheduling conflicts. At the conclusion of the introductory session on August 28, the schedule and areas of interest to be observed during the site inspection was discussed with the remaining participants. The Bureau of Reclamation representatives concern was in regard to a segment of the Government Highline Canal in Section 27, where mine workings from the Roadside North Portal extended beneath slopes immediately to the west of the canal. It was decided that this location would be the first site inspected, followed by inspection of representative structures and hydrologic features within the release request area, in both the North Portal and South Portal mining areas. Weather during the inspection on August 28 was clear and mild. On October 17, weather was cloudy and cool, and soils were moist from recent rain. Inspection of Structures and Hydrologic Features Most of the lands included within the liability release area are undeveloped rangeland/wildlife habitat, where minor surface cracking, settling, or rockfalls on steep slopes due to subsidence would be difficult to detect and would not have any significant impact on land use or the hydrologic balance. For these reasons, subsidence monitoring, protection, and mitigation measures required by the approved permit focused on man-made structures and hydrologic features, and the bond release inspection also focused on these structures and features. Structures located within the liability release area include transmission lines, roads, water lines, a canal, and two residences, some of which were undermined or located where mining occurred in close enough proximity that subsidence effects could potentially manifest. In some cases, protective measures including limited extraction or protective pillars were implemented beneath man-made structures in the permit area. The two residences were constructed in 2004 and 2007, several years after mining had occurred, and as such no specific protective measures were possible. Stream channels of Coal Creek, Jerry Creek, Rapid Creek and Cottonwood Creek are the primary hydrologic features of concern, within the liability release area. Segments of these stream channels within the liability release area were undermined in some locations. Protective pillars were left in place beneath the creek channels to minimize the potential for subsidence related dewatering of the streams and associated alluvium. Man-made Structures-North Portals Area Man-made structures in the North Portals Area included within (or immediately adjacent to) the liability release request area, include the following: • Xcel Energy Cameo Power Plant and related facilities, and adjacent segment of County Road 19/10 Road, in the NW Ya Section 34 and SW Y< Section 27; • Segments of the Government Highline Canal, and; 4