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III. COMMENTS - COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of <br />observations made during the inspection. Comments also describe any enforcement <br />actions taken during the inspection and the facts or evidence supporting the <br />enforcement action. <br />This was a partial inspection and a bond release inspection. The Division <br />received a bond release application from the operator on September 11, 2002. The <br />Division found the application complete on October 16, 2002. The file number is <br />SL-2. <br />The bond release application requests Phase II and III release on approximately <br />228 acres of the permit area, and Phase I release on 0.26 acre. The 0.26 acre is <br />comprised of the pond and the east berm of the former facilities yard area. The <br />amount of bond requested for release is $58,808 of the total $68,808 of bond. <br />A Phase I bond release occurs when the permittee successfully completes <br />backfilling, regrading, and drainage control (Section 3.03.1(2)(a). <br />A Phase II bond release occurs when the permittee has established vegetation <br />which supports the approved postmining land use and which meets the approved <br />success standard for cover (Section 3.03.1(2)(b). The lands proposed for a Phase <br />II release cannot be contributing excessive sediment outside the permit area <br />(DMG's "Guideline Regarding Selected Coal Mine Bond Release Issues" dated April <br />18, 1995, page 5), and damages to prime farmland or alluvial valley floors must <br />be mitigated (Section 3.03.1(3)(b)). <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)). <br />Tom Kaldenbach represented the Colorado Division of Minerals and Geology. The <br />operator was represented by Greg Lewicki of Greg Lewicki and Associates, and Bud <br />Long of Costain America, Inc. (the parent company of the operator, Sunland Mining <br />Corporation). Dan and Bernard Knott represented Knott Land and Livestock Company, <br />Inc., the landowner of the disturbed area. The Division notified the Office of <br />Surface Mining and the Bureau of Land Management, but they did not attend the <br />inspection. <br />The ground was wet from recent rain. <br />ROADS <br />As called for in the approved Reclamation plan (page 1S3 of permit application), <br />rocky material from the removal of the east berm has been spread on the access <br />road that extends from the county road to the building in the former facilities <br />yard area. <br />HYDROLOGIC nnr.n*rCE <br />The pond was dry. It has not discharged for several years. No discharge of <br />underground mine water has ever been reported from the mine. <br />3 <br />