_INSPECTION - C1992080 ‎(13)‎

• Permit No: C1992080
• IBM Index Class Name: INSPECTION
• Doc Name: Inspection Report
• Inspection Date: 10/29/2008
• Email Name: TAK
• Media Type: D
• Archive: No

Ill. COMMENTS -COMPLIANCE
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.
This was a complete inspection and a bond release inspection conducted by Tom Kaldenbach of the
Division of Reclamation, Mining and Safety. Michael Savage represented the operator/landowner and
Henry Austin represented the Office of Surface Mining(USDI). No one else participated in the inspection.
The Division received a bond release application from the operator on July 30, 2008, and found the
application complete on October 10, 2008, after receiving the operator's public notice proof of
publication and the notarized statement required by Rule 3.03.2(1)(e). The Division's file number for
the bond release application is SL-4.
The bond release application requests Phase III (final) release on approximately 30 acres of disturbed
land(the "bond release area") within the 45.31 acres of disturbed land in the permit area. Although the
bond release application does not request Phase II bond release, Phase II is assumed to be included in
the request because the bond release area has not previously received Phase II release, and Phase II is a
prerequisite for Phase III release. Phase I release is also assumed to be part of the bond release request
for equipment removal from the Equipment Storage Area at the south end of the permit area.
The permit area covers 164.19 acres. The SL-4 bond release area(with the exception of equipment
removal) received Phase I release in April 2008 (SL-3). The SL-4 bond release area includes the
North Pit,North Pit Haul Road, the Permanently Reclaimed Spoils Area, Topsoil Stockpile #2, the
South Pit Drill Pad,the Equipment Yard, Topsoil Stockpile #7, the Carbon Junction Canyon
reconstruction channel, and ancillary adjacent areas. The amount of bond liability requested for release
is $237,356.
A Phase I bond release occurs when the permittee successfully completes backfilling, regrading, and
drainage control (Rule 3.03.1(2)(a).
A Phase II bond release occurs when the permittee has established vegetation which supports the
approved postmining land use, and which meets the approved success standard for cover(Rule
3.03.1(2)(b)). The lands proposed for a Phase II release cannot be contributing excessive sediment
outside the permit area(DMG's "Guideline Regarding Selected Coal Mine Bond Release Issues" dated
April 18, 1995, page 5), and damages to prime farmland or alluvial valley floors must be mitigated
(Rule 3.03.1(3)(b)).
A Phase III (final) bond release occurs when the permittee has successfully completed all surface coal
mining reclamation operations in accordance with the approved reclamation plan(Section 3.03(2)(c)).
The approved postmining land use of the entire bond release area is residential. Rule 3.02.3(2)
requires that bond liability continue until the permittee demonstrates development of residential land
use has substantially commenced and is likely to be achieved.
3