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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 }acts or evidence supporting the enforcement action. . <br />This inspection report documents the results of the partial Phase One bond release <br />inspection at the Bowie No. 1 East Mine and the Bowie No. 1 West Mine. The process of <br />releasing the reclamation liability bond for a mine site involves three phases. At Phase <br />One, up to sixty percent of the total reclamation bond can be released for successful <br />completion of backfilling, grading and drainage control as required by the approved plan. <br />At Phase Two, up to 85 percent of the total reclamation bond can be released for <br />successful establishment of vegetation as required in the approved plan. At Phase Three, <br />the rema~g reclamation bond can be released upon completion of all of the reclamation <br />work, but not before a period often yeazs has passed after the last augmented seeding, <br />fertilizing, irrigation or other work. <br />There aze additional considerations in the bond release process. One consideration is that <br />no more than sixty percent of the reclamation bond can be released if the suspended <br />solids level from the reclaimed azea is greater than that ofpre-mining levels or from <br />adjacent, undisturbed azeas. Another consideration is that the Division can not release any <br />reclamation bond that would result in insufficient funds to finish the remaining <br />reclamation work. <br />The operator must submit a formal request to the Division for each reclamation bond <br />release phase. Notification of the bond release request is made with the publication of a <br />public notice and by notification letters sent to adjoining landowners, surface owners and <br />various local government agencies. When the Division calls the submittal complete, a <br />field inspection and evaluation is conducted to determine the status of the reclamation <br />work that was. performed. The field inspection and evaluation aze to be held within thirty <br />days of completeness or as soon as weather pernuts thereafter. The inspection and <br />evaluation report is to be made available to the public at the Division's offices. <br />Objections to the bond release maybe made within thirty days of the submittal <br />completeness date or within thirty days of the completed field inspection. After this initial <br />objection process has been completed, the Division makes its proposed decision. The <br />proposed decision is made by the Division as to whether to release or not release all or a <br />portion of the reclamation bond. Written notification of the.proposed decision is sent to <br />the pernvttee, the surety company and interested parties. The written notification details <br />in a findings document the reasons for the proposed decision, provides recommendations <br />for any additional work needed to complete the bond release and infomvs the parties of <br />their right to appeal the proposed decision. The Division also publishes the proposed <br />decision in a public notice. <br />Bowie Resources Limited (BRL) requested the bond release in a submittal dated <br />September 24, 2002 and received at the Division on September 26, 2002. At the West <br />