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COMMENTS-COMPLIANCEMN,~S~.~Pm-~ ~`~~-0~ 3~s ~am~, of ~ Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. Phase II Bond Release for Pit 1 (cont.) The reclamation for this area was completed in 1996. The criteria that were observed were vegetative cover, topsoil replacement and hydrologic reclamation (sedimentation). There are two areas in Pit 1 that are being excluded from the Phase II Bond Release. These areas have had substantial gullying, which has been repaired, but the Division does not feel they meet the requirements for bond release. The first area is in the back of the "horseshoe", on the South side of Pit 1. The gullying in this area was fixed by cutting contour furrows horizontally across the back of the pit. The contour furrows do not have vegetation established on them and some have been cut several (2-3) feet deep, into the overburden. The Division estimates this area to be approximately 2.5 acres. The second area is South of the "horseshoe" (over the ridge) South and East of Ditch PD4. The gullying in this area was also fixed by cutting contour furrows horizontally across the gullies. The contour furrows in the second area do not have vegetation established on them either. The Division estimates this area to be approximately 1.1 acres. Jerry Nettleton of Montgomery Watson is updating Drawing No. 1 - 1999 Reclamation Map, to reflect these areas. Vegetative Cover -According to the Bond Release Application submitted by the Operator, the vegetative cover in the reference area was 31.8% and the cover for the reclaimed area was 31.9% or 100% of the premining cover. This exceeds the standard set forth in Rule 4.15.8(3)(a). The inspection confirmed that the cover on the reclaimed area was acceptable. There were no large bare spots and the overall vegetative cover appeared to be uniform (with the exception of the exclusions noted above). There was no observable erosion in the Pit 1 area confirming that the vegetative cover is adequate to control erosion (with the exception of the exclusions noted above). The Operator grazed 400 head of cattle on this area for two weeks in the summer of 2000, which is a 50% utilization rate. They have indicated that they will again graze the reclaimed area this summer (2001) at about the same rate. Topsoil Replacement -The permit requires that a minimum of six inches of topsoil be replaced on the reclaimed Pit 1. The Operator did not provide any data on topsoil replacement in the Bond Release Application so the Division took several field measurements. A total of four holes were dug to measure the topsoil replacement depth. The depths ranged from seven inches to eight inches with an average depth of 7.5 inches. The first two of these holes were about 1000 feet Southeast of the road (where Ditch PD3 drains into a culvert) and 100 feet south of Ditch PD3, with depths of seven and eight inches. The second two holes were dug on the south side of the "horseshoe", over the ridge, about 400 feet West of the permanent light use road and 100 feet Southeast of Ditch PD4, with depths of seven and eight inches. The field measurements of the topsoil replacement depths confirmed that the topsoil was replaced in accordance with the permit requirements. Hydrologic Reclamation (Sedimentation) -The Operator used sedimentation modeling to further demonstrate Phase II Bond Release criteria (Rule 3.03.1(3)(b)) have been met using the Revised Universal Soil Loss Equation (RULSE).