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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 />This was a partial inspection conducted by Kent Gorham of the Colorado Division of <br />Reclamation, Mining, and Safety (Division). This former mountaintop removal operation is in <br />the final stages of completing reclamation. The site has achieved a Phase I bond release for <br />most areas. Ground conditions on this day were damp and muddy in places due to rain the <br />previous evening. The weather was warm and sunny. <br />Roads <br />Sediment build-up in the two lower culverts along the Jeff Canyon haul road is reaching a <br />point that maintenance is required when equipment is brought to the site in the next few <br />weeks. Although this road has been approved for apost-mining Industrial Use, maintenance <br />of the road remains the responsibility of LCC until the road is released from bond. <br />Hvdroloaic Balance <br />With the exception of Pond 5, all ponds were observed holding modest to significant <br />amounts of water. None appeared to be discharging, although any additional runoff may <br />result in discharge from pond 8 and pond 9. All ponds appeared stable and primary risers <br />appeared functional. <br />Revegetation <br />Using the 2006 Annual Reclamation Report map, reclaimed areas were traversed on foot. <br />Areas E-1, E-2, and E-3 are located on steep, east-facing slopes of the center core. Most of <br />these three areas were hydro-seeded in 2006. New growth consists of annual weeds, some <br />wheatgrasses, and volunteer barley in broadcast seeded areas. Hydro-seeded slopes seem <br />slow to develop vegetation, possibly due to cooler soil temperatures, slope aspect, and <br />thickness of the mulch layer. Some rills and small gullies are present on the steep slopes <br />near the N-2/E-1 parcel boundary. The operator should evaluate the need for straw wattles <br />or other erosion control in this area before these gullies develop further. Another area that <br />requires evaluation for additional erosion control is the C-1/N-2 boundary where the length of <br />slope is significant and small gullies are developing. Arresting erosion in the early stages on <br />these steep slopes is important until vegetation becomes established. Past experience at <br />this site indicates that perennial species do not become well established until the third <br />growing season. <br />3 <br />