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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 facts or evidence supporting the enforcement action. <br />operator constructed the hillside spring water treatment pond and channeled the spring water into the pond. It <br />then discharges into the North Fork of the Gunnison River at an NPDES discharge point. Even though the spring <br />water is dark orange in color, testing has shown that the water is in compliance with water quality standards. <br />Because the source of the hillside spring and its relationship to the landslide and reclamation stability are not <br />known, this hillside spring issue was excluded from SL -4. <br />Tle sediment pond and the hillside spring water treatment pond were also excluded from SL -4 since they are part <br />of the sediment control and spring water treatment systems. <br />Bond Release Field Inspection <br />Tlie bond release field inspection began with a review of the SL -4 submittal and other pertinent information. <br />Aerial photographs of the mine site, taken from 1995 and 1996 when the mine was still operating, were shown. <br />Tl e map, "Bond Release Map" that had been supplied with the SL -4 submittal was also reviewed. This map <br />showed the aerial extent of the reclaimed land on the flat facilities area and on the hillside that was requested for <br />phase I release. The entire flat facilities area, except for the sediment pond and the hillside spring water treatment <br />pond, are to be considered for phase I release. On the hillside, the backfilled and graded fan entry area and the <br />ba� kfilled and graded portal access road east of the central rip- rapped ditch are part of this bond release as well. <br />Map 1, "Surface Ownership Map" from the permit application package, delineated the surface land owned by the <br />Bear Coal Company, Arch Coal Company and Oxbow Mining, LLC. Map 12, "Existing and Final Contours and <br />Sections", and Drawing 17, "Disturbed Area ", were compared to verify that the backfilling and grading <br />conformed to the approved reclamation plan and to approximate original contour. Additional verification of <br />approximate original contour was made by examining Map 12A, "Sections ", supplied in the SL -4 submittal. <br />The field inspection provided confirmation that the mine facilities and structures had been dismantled and <br />removed. However, the paved entrance road, bridge, two power poles and fence remain on site. As stated in the <br />permit application, the paved entrance road will be retained. The Division is requesting Arch Coal Company to <br />provide a letter that states whether they would like the bridge, if they are the owners of the bridge, power poles <br />and fence to be retained or reclaimed. The Division is also requesting Bear Coal Company to provide <br />documentation as to whether the Delta- Montrose Electric Association wants the power poles to be retained or <br />removed. Also, there still remains some mining debris that is scattered around the site that will need to be <br />removed. The facilities area had been graded to its approximate original contour. The berm that runs parallel to <br />they river and protects the facilities area from river flooding will be retained as approved, as shown on the post <br />mnimg topography Map 12. <br />The inspection team proceeded up the reclaimed access road on the hillside that leads to the reclaimed fan entry <br />area and the west side portal entry area. The backfilled access road was well vegetated and appeared to be stable. <br />There were no indications of slope failure or erosional gullying. The same was true with the reclaimed fan entry <br />area. The reclaimed slope was somewhat steep but blended in well with the surrounding undisturbed topography. <br />It appeared that approximate original topography had been achieved. The backfilled slopes appeared to be stable. <br />The vegetative cover blended in well with the vegetation on the surrounding undisturbed area. The reclaimed <br />access road continued west past the reclaimed fan entry area and led to the west side reclaimed portal entries area. <br />However, as discussed earlier in this report, only the portion of the reclaimed access road east of the riprapped <br />drainage ditch is being considered for SL -4. This eastern portion of the reclaimed access road between the <br />reclaimed fan entry area and the riprapped ditch was well vegetated, blended in with the surrounding topography <br />5 <br />