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fire. The suspected fire area was not securely fenced or otherwise posted to prohibit <br />access at the time of the inspection. <br />There were a number of holes in the backfilled material and exposed concrete headwall <br />that maybe attr7buted to unstable baclcfill or excessive settling. One hole was found at <br />the baclcfilled exhaust fan portal location. The hole was under rocks bridging the top of <br />it. Another location was at the two westernmost portals near cross section AA as shown <br />on Drawing 17 and Map 12 of the bond release application. Either the area was not <br />backFilled completely to cover the concrete headwall and the opening behind it, or the <br />backfill has settled creating the opening. This opening is also a safety hazard and access <br />is not securely controlled. <br />There are two conditions that also may have an impact on the backfi]]ed material. The <br />first is a landslide that has occuncd at the western edge of the disturbed area. I could not <br />visually determine iP the landslide has affected the post-law area or if it has only affected <br />the pre-law areajust from observations during this inspection. Drawing 17 of the <br />application actual ly shows that the ]andslsde has affected the westernmost edge of the <br />disturbed area subject to the bond release request. The second condition is a 20-30 gpm <br />spring which has developed adjacent to the baclcfill material. BCC requested release <br />from liability for this spring in a letter dated 5/4/2000. DMG requested additional <br />information from BCC before acting on this request, but BCC has not yet provided the <br />information. <br />Post-mining land use. <br />A part of the area owned by Oxbow is classified as residential post-mining ]and use. <br />BCC did not demolish the mine oFftce building and reclaim the area on the Oxbow <br />property because it was to be used as a residence. However, the shveture is not currently <br />habitable. In addition, access to the Oxbow property and the dilapidated structure <br />currently exists via a paved road and bridge across the North 1~ork of the Gunnison River <br />that is owned by Arch Coa] Company. BCC has not provided proof of access to the <br />property for residential purposes. <br />DMG sent a letter dated 8/20/2004 to the permittee requesting information about these <br />and other conditions. Additional information about causes, effects, and mitigation, if <br />necessary, of the fire, spring, and landslide is needed, as.is information and legal <br />agreements to validate the residential post-mining land use, before action may be taken <br />on 5L-03. <br />50 'd 5b5Ibb8E0£ 'ON Xd.d aul to asap Wd b5~I0 I8d 5002-bI-NBP <br />