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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the <br />inspection and the facts or evidence supporting the enforcement action. <br />This was a partial inspection conducted by Joe Dudash of Colorado <br />DMG. David Berry also represented the State. The operator was <br />represented by Forrest Luke. The operator has submitted an <br />application for phase 1 bond release on 2584 acres and phase 2 bond <br />release on 1571 acres. <br />TOPSOIL <br />Five proposed orphan topsoil stockpiles were inspected. The <br />stockpile designations are A86-6, A92-4, A92-5, A91-8 and A92-1. <br />The operator wishes to reserve the right to use topsoil from these <br />proposed orphan piles if needed. Stockpile A92-1 will have its <br />volume significantly reduced from what it is now. These five <br />topsoil stockpiles were well vegetated and showed no signs of <br />erosion. The far west topsoil stockpile has been completely <br />removed. Most of the topsoil has been used for reclamation. The <br />rest was put into two new stockpiles just west of the present <br />location of Derringer pit. <br />The former topsoil stockpile location has been designated an SAE. <br />The area has been seeded. The seeds have just started to come up. <br />A collection ditch has been constructed on either side of the <br />disturbed area, and flows to a series of straw bales. The operator <br />needs to add more straw bales in order to ensure that all disturbed <br />area drainage passes through the bales. The bales were properly <br />keyed in and staked. <br />MINING PITS <br />At the Ashmore pit, portions of the east highwall have slid into <br />the open pit, following overburden blasting. During the inspection, <br />an overburden shot was set off. Proper blasting procedures were <br />followed. During the inspection, a parting shot was set off in the <br />Derringer pit. No problems were observed. <br />Work continues at the Flintlock pit in drilling operations and in <br />constructing drill hole terraces. The dragline from the Hawkins pit <br />will be moved up to the Flintlock pit sometime late this year or <br />early next year. At the ash pit, the operator was pumping out water <br />from the lower portion of the pit. The operator stated that they <br />have developed a backfilling plan for the ash pit area and it may <br />1 <br />