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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 inspection <br />and the facts or evidence supporting the enforcement action. <br />This was a partial inspection and a Phase I bond release inspection of the relocated CC <br />Ditch pipe line at the New Horizon Mine conducted on July 11, 2007 by Mike Boulay of <br />the Division of Reclamation, Mining, and Safety (Division). Mr. Ross Gubka Chief <br />Engineer for Western Fuels-Colorado (WFC) and Mr. Zene Weimer President and Mr. <br />Dean Naslund Superintendent of Colorado Cooperative Ditch Company accompanied the <br />Division during the inspection. None of the land owners of record attended the <br />inspection; however, all land owners were notified of the inspection via certified mail. <br />Weather conditions were sunny and hot, and ground conditions were dry. <br />The primary focus of this inspection was a Phase I bond liability release request with <br />respect to the relocation of the Colorado Cooperative Ditch Company pipe line within the <br />New Horizon Mine permit area. WFC mined through the CC Ditch Company's original <br />ditch location that conveyed irrigation water across a portion of the permit area. Prior to <br />doing that, they constructed a temporary above-ground pipe line to convey the irrigation <br />water. After mining in this location was completed, WFC relocated the temporary above <br />ground pipe line by burying it in its permanent location. <br />This bond release inspection was conducted pursuant to WFC's Bond Release <br />Application (SL-10) submitted May 15, 2007. During the inspection, the reclaimed <br />location of the Former above-ground irrigation pipe line was inspected. The temporary <br />pipe line was used for conveying irrigation water from the West Lateral Canal across a <br />portion of the permit area and then continued due west of 2700 Road to the south of the <br />permit boundayy. The total length of the temporary pipe line within the permit boundary <br />was estimated to be 4,270 feet. <br />The reclamation work for the relocation of the pipe line was limited to removing the pipe <br />line from the existing location and relocating it by burying it in the right of way due west <br />of BB Detour. The buried pipe line portion of the ditch is a permanent structure which <br />will not interfere with any post-reclamation land uses. The location of the permanent <br />pipe line is shown in Photograph Number 1 at the end of this inspection report. The <br />number of acres reclaimed during the relocation process has been estimated at 5.0 acres. <br />The reclamation work was completed on March 30, 2007 as per the approved reclamation <br />plan in the mine permit. <br />At the beginning of the inspection participants discussed the history and operation of the <br />26 inch above-ground irrigation pipeline pipe line and its replacement with a buried 26 <br />inch and ] 2 inch line in an established right of way. During the site walk through, the <br />entire length of the former above-ground pipe line location was inspected. The <br />inspection proceeded from its point of beginning at the intake from the West Lateral east <br />