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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. This was a partial inspection of portions of the permit area, including the South Portals and RSRDA refuse area. Weather was cloudy and cool, soil conditions were moist from rain over the weekend. I met briefly at the front property gate with Brant Harrison, a local fruit grower who has expressed interest in purchasing portions of the disturbed area in the South Portal vicinity. I discussed with Mr. Harrison various issues related to the post-mining land use change, which would be required in order to allow for modification of the reclamation plan and retention of facilities to allow for a commercial post-mining use. Hydrologic Balance The various elements of the drainage and sediment control system at the South Portals and RSRDA Refuse Area appeared to be properly maintained and functional. Sediment Ponds 8 and 9 contained only shallow puddles, well below the dewatering elevations. Processing Waste RSRDA upper diversion, perimeter ditches, terrace drains, and the flex pipe drain were in good condition, and no areas of instability or erosion were evident. Support Facilities The plastic barrier fencing installed adjacent to the small reclaimed area on the east bank of the river had been properly re-set, since the previous inspection. The metal panel at the conveyor portal opening had been re-secured since the previous inspection. The clean up of power pole debris at the RSRDA soil borrow area, and grading of ruts adjacent to the disturbed area has not yet been completed. The work needs to be performed when ground conditions dry sufficiently to allow for safe a<:cess and effective grading repairs. Wildlife Evidence of deer browsing wa:; apparent on shrubs in the RSRDA vicinity. A group of five mule deer was observed near the RSRDA borrow area. Revegetation The status of revegetation was not closely assessed due to the season. Recent emergence of whitetop weed was noted along the margins of the RSRDA borrow area, and treatment will be necessary later in the spring. If improvement in 7:he establishment of perennial vegetation seeded in fall 2002 at the borrow area is not observed this growing season, re-seeding may need to be considered in the fall. Temporary fencing or other measures to protect the area from cattle grazing may be warranted. 3