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III. COMMENTS-COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made during the <br /> inspection. Comments also describe any enforcement actions taken during the inspection and the facts or <br /> evidence supporting the enforcement action. <br /> was sent to the Division in a submittal dated June 10,2008. Additionally, in a submittal dated July 14, 2008, <br /> Minrec provided the proof of publication for the public notice that announced the bond release request. Finally, <br /> supplemental information in support of the bond release request was presented to the Division in a submittal <br /> dated July 16, 2008. <br /> The Division found SL-2 complete on July 28, 2008. The Division sent completeness notification letters to <br /> Minrec, Inc. and the Office of Surface Mining the following day. In letters dated August 7, 2008,the Division <br /> notified the required parties that the bond release inspection would be held on August 27,2008,which was thirty <br /> days after completeness. The inspection notification letters were sent to Minrec, Inc.,the Office of Surface <br /> Mining, Oxbow Mining, LLC.,the U.S. Forest Service and the holders of the Allen Grazing Rights. The bond <br /> release field inspection was held on August 27, 2008. <br /> Blue Ribbon Mine Background <br /> The Blue Ribbon Mine was an underground room and pillar mine which began operating in 1977.Prior to that time, <br /> the old Blue Ribbon Mine had operated from 1952 to 1963.The Blue Ribbon Coal Company mined the E,or Hawk's <br /> Nest, seam, using continuous miners to mine down dip. The production rate was approximately 192,000 tons per <br /> year. <br /> The ownership of the minerals and land includes both private and federal entities.The permit area covers 340.8 acres. <br /> Of the 16.9 acres of actual disturbance, 16.2 acres have been reclaimed, leaving 0.7 acres left to be reclaimed. <br /> The main mine site was located just to the east of Hubbard Creek while a temporary coal stockpile area was located <br /> just to the west of Hubbard Creek. The coal from the mine was screened and loaded onto trucks for shipment to <br /> market.The coal was weighed at the truck scale facility located along Highway 133.However,the scale facility was <br /> removed from the permit area in 1989 for state highway construction. Sediment control at the mine site consisted of <br /> five sediment ponds with associated ditches and culverts. <br /> Upon cessation of mining activities in 1985, the three mine portals were sealed, surface facilities removed in late <br /> 1985, and foundations and other non-combustible, non-toxic material was used to backfill the portal bench and <br /> stockpile areas in 1986. All surface disturbances except ponds 3, 4, and 5, the light use road to pond 5, and the <br /> Hubbard Creek crossing were reclaimed to the post mining land uses of wildlife habitat, grazing and recreation. <br /> In 1984,the backfilled mine bench showed increasing stability problems.Therefore,during 1984 and 1985,the mine <br /> bench at the Blue Ribbon Mine was stabilized by rebuilding the mine bench with an engineered fill of underground <br /> coal mine waste.This material was obtained from Mountain Coal Company's West Elk Mine.The required 4 feet of <br /> cover material over the coal waste was verified and documented by the Division in its inspection report dated <br /> 12/10/1986. Ditches that were designed for the 100 yr-24 hour precipitation event were constructed to drain water <br /> around the covered coal waste pile area. Rock underdrains were placed in and under the coal mine waste to channel <br /> spring water and seepage from the coal mine waste fill. <br /> Topsoil was not completely salvaged from all of the disturbed areas since much of the mine site was disturbed prior to <br /> any such regulatory requirement. However, soil surveys conducted by the operator indicated that,with <br /> Page 3 <br />