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~ag e I 1 <br />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 inspection <br />and the facts or evidence supporting the enforcement action. <br />Interim Law Lands <br />At the Seneca II Mine these aze lands where coal was removed between May 3, 1978 (the date <br />that the initial rules of the Surface Mining Control and Reclamation Act of 1977 became <br />effective) and September 23, 1981. The Seneca II Mine was permitted under the Colorado <br />permanent program on September 23, 1981. For the Phase I bond release inspection, these lands <br />were evaluated using the performance standards from 30 CFR Part 715. A summary of the <br />initial regulations includes the following. <br />• Disturbed areas aze returned to pre-mining land use or better; <br />• Regraded land shall achieve approximate original contour; <br />• Spoil is to be placed in a controlled manner; <br />• Topsoil is to be salvaged and replaced; <br />• Protection of the hydrologic balance; and <br />• Dams constructed of or impounding waste requires regulatory approval. <br />The interim-law lands aze shown on Exhibit B of the Phase I bond release application as those <br />areas shaded in orange. All of the interim-law lands were inspected during the inspection of <br />post-law areas on August 7 through 10, 2006. These lands have also been routinely inspected <br />throughout the permanent program period. With exception of minor maintenance items <br />previously discussed for Post-Mine Channels PM-10 and PM-22, no other problems were <br />identified on the interim-law lands during this inspection. Additional evaluation of these azeas <br />will be forthcoming in the DRMS Proposed Decision and Findings of Compliance for the Phase I <br />Bond Release. <br />