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III. COMMENTS -COMPLIANCE <br /> Below aria 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 the second of a three part site visit which constituted the required fall 2007 fall inspection. In <br /> attendance were members of the Public, Pitkin County the U.S. Forest Service and Division staff. <br /> The focus of the inspection was reclamation success at: <br /> - Mine Facilities Area <br /> - Dutch Creek Diversion <br /> - Coal Processing Area <br /> - Road A <br /> - Old Refuse Pile <br /> - Sutey Refuse Pile <br /> - Warehouse Area <br /> - Upper and Lower Coal Stockpiles <br /> - Overland Conveyor Corridor <br /> - Rock Tunnel Waste Disposal Area <br /> - Rock Tunnel and Lamp House Vicinity <br /> The group walked from the main entry gate to the Rock Tunnel vicinity viewing the facilities listed <br /> above. <br /> Many of the reclaimed areas, notably the facilities area west of Road A, the Coal Processing Area, the <br /> upper Warehouse Area, the Overland Conveyor Corridor the Rock Tunnel Waste Disposal Area, the <br /> Rock Tunnel and Lamp House Vicinity and the now abandoned sediment retention ponds have been <br /> altered by the current land owner. <br /> The land owner is in the process of altering the post-reclamation land use from non-motorized <br /> recreation and wildlife habitat to a more intensive use. <br /> The Division is in the process of terminating its involvement on the private lands because it no longer <br /> has any ability to maintain or control land uses at that area. This termination of jurisdiction is currently <br /> being noticed in a local paper. <br /> The private land owner has significantly changed the land forms on its property in many areas. These <br /> changes have significantly altered the reclamation work completed previously completed by the <br /> Division. <br /> Property still managed by the U. S. Forest Service was also observed during the inspection. These <br /> areas, and pertinent comments are noted below: <br /> Road A: Road A is located predominantly on private property, but is a dedicated public easement <br /> providing access to public properties westerly of the private property. The land owner is maintaining <br /> this road. The private land owner has disturbed a previously reclaimed area east of the road, <br /> approximately 150 yards southerly of the main gate. This area is apparently public property. The <br /> degree of disturbance is so significant that trees, shrubs and grasses that were becoming established <br /> have been removed by construction equipment. The area now resembles a parking or equipment off- <br /> loading area. <br />