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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 /> This was a partial inspection conducted by Joe Dudash of the Colorado DRMS.No one represented the operator <br /> during the inspection.There had been recent reclamation activities at the site but no activities were in progress <br /> during the inspection. The site was dry.Bear Coal Company has applied for a partial Phase I Bond Release. <br /> Signs and Markers <br /> At the entrance to the site at the top of the hill,the mine identification sign was up on a metal post.The required <br /> information was on the sign.Also,surface disturbance markers were up around the site.The"no trespassing" <br /> sign was on the entrance gate. <br /> Roads <br /> The asphalt main road was in good condition. There was no debris on the road. The cable guard was in place <br /> along the outside of the road. The bridge over the river was passable and the entrance gate to the site was open. <br /> Reclamation <br /> The remaining concrete from the reclaimed mine office was demolished and transported offsite and the <br /> immediate area was backfilled and graded. Three small sections of concrete were inadvertently left partially <br /> buried in the backfill but the operator will be removing those as well. Several old tires were also removed. One <br /> heavy tire remains on site and will also be removed when a front end loaded is available.The backfilled and <br /> graded reclaimed mine office area has not been seeded yet. <br /> The reclaimed fan and portal access road was stable and well vegetated. The reclaimed east side fan area <br /> backfill is holding up well and was also well vegetated. The backfilled and graded west portal area continues to <br /> show instability. There was an odor of smoldering coal in the vicinity of the reclaimed west portal area. <br /> Hvdroloev <br /> The sediment pond was dry.The pond's primary discharge pipe was closed.The outlet of the pipe was clear of <br /> debris.The riprapped emergency spillway had sufficient capacity.The hillside spring water treatment pond was <br /> discharging at about 10-i5 gpm. The discharge water was colored orange,which has been shown to be in <br /> compliance with water quality standards. <br /> The collection ditch leading to the sediment pond was clear of any debris.The riverside berm was in place and <br /> the well caps were on the two alluvial wells. <br /> Noxious Weeds <br /> The operator had cut down and removed some of the tamarisk around the site.However,tamarisk also is <br /> growing in the area of the hillside spring and needs to be removed. There are patches of thistle along the lower <br /> to middle sections of the reclaimed fan and portal access road.It was not clear if these weeds had been sprayed. <br /> c:/word2007/bear3/inspO9O9 <br />