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III. 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. General Comments This was a partial inspection of the McClane Canyon Mine, conducted by Dan Mathews of the DMG Grand Junction Field Office. Mine Manager Walter Whitledge was contacted at the beginning and the conclusion of the inspection, but he did not accompany during the field inspection. Weather was clear and warm. Ground conditions were dry. The inspection was limited to the reclaimed emergency drill pad site and associated reclaimed light use road, located along the North Fork of Munger Creek. The drilling was done in December 2005. Site reclamation was performed in January 2006 (drill pad area) and April 2006 (light use road from southern permit boundary to drill pad). The upper segment of the road and the drill pad are located within the McClane Canyon Mine permit area; lower segment of the road is within the Munger Canyon Mine permit area, and ties into the Munger portal access road. Please refer to the Munger Canyon Mine inspection report dated May 23, 2006, for comments on the reclaimed road segment within the Munger permit area. Support Facilities The lower section of the light use road within the Munger permit area follows an old two track road along the North Fork of Munger Creek. The road along the lower segment is located primarily outside of the channel, but crosses the channel in several locations. Approximately 200 yards northeast of the 4~" crossing of the North Fork, the road crosses a tributary side channel that enters the North Fork from the west (the 2ntl side channel crossed by the road). At this point the canyon begins to narrow, with junipers becoming more prevalent along the channel. This location appears to be close to the point where the road passes into the McClane Canyon permit area. Significant segments of the road within the McClane permit area were located within the channel of the North Fork; minimal grading work was required to build or reclaim the road along the "in channel" segments. In general, the reclamation grading looks quite good. Road reclamation was conducted primarily with a track hoe; slopes blend well into adjacent terrain, surtaces were properly roughened to prepare a seedbed, stream fords were properly eliminated and channel segments restored at approximate uniform grade to tie into undisturbed channel segments above and below. Rock and woody debris were properly pulled back across the reclaimed road, to further minimize the visual impact of the disturbance and facilitate stabilization and vegetation establishment. It was evident that seeding had been performed in most areas. However, there were a few locations where grading work had been conducted, but it was not evident that seeding had been performed (seed was not visible on the surface). There were also several areas (primarily on lower segments of the McClane section and on the Munger section) where the noxious weed whitetop has sprouted along and adjacent to the reclaimed road, and will need to be sprayed to limit spread along the disturbance. Access to these sites will be limited to foot or horseback. Specific areas of note include the following • Approximately'/~ mile into the McClane permit area, within the fee property, there is a steep segment of road that diverged from the primary road and followed an older drill road for a short distance up a steep south facing slope. This short segment of the road was abandoned in favor of the channel route, and was graded and seeded in January 2006. This reclaimed segment has held up well despite the steep grade, with no erosion, due to the rough condition, water bars, and debris. There has been some recent germination of seeded species, along with volunteer of native perennials from seedbank and root sprouting. The site is quite dry, due to the steep south exposure and lack of spring rain during April and May. Seedlings may be lost if the dry conditions continue. • Continuing upstream along the main (reclaimed) road along the North Fork, the channel hooks sharply to the north at a point where a couple major tributary channels converge. Y, mile or so above this sharp bend is the old Monger Mine site and associated coal piles. There was no seed evident along the graded area in the immediate vicinity of the coal piles, and it appears that seeding will be necessary.