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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 />005-E1 reclaimed watershed, and along the "G" road corridor down to Pond 005, that do <br />appear to have produced mature seed. Also, the steep dozer roughened portion of the "D" <br />Pit highwall reduction slope that was seeded in 2004 with the shrub mix, and planted with <br />seedling shrubs, was walked during the inspection. The entire area is heavily infested with <br />noxious weeds, primarily Canada thistle, houndstongue, and bull thistle, along with <br />scattered black henbane. There are some surviving seedling shrubs, but they have been <br />heavily browsed. There is minimal establishment of seeded species. <br />In summary, the recently reclaimed portion of the 005-E1 watershed in the "D" Pit area is <br />severely infested with biennial and perennial noxious weeds. Intensive, thorough, and <br />sustained control measures will be necessary, and it appears that re-seeding will be <br />necessary, after initial control measures have been completed. Operator should contact the <br />Routt County Weed Manager for specific guidance regarding recommended treatment <br />measures and timing for black henbane, and the combination of other noxious weed <br />species. A combination of fall and spring herbicide treatments may be warranted in 2005 <br />and 2006, possibly combined with mechanical control of henbane in 2006 and chemical <br />and/or mechanical controls in subsequent years. Seeding with the upland seedmix (Seedmix <br />1) may be warranted in fall 2006, in the treated areas. Control measures will need to <br />include the primary infestation areas within the 2004 reclamation, as well as black henbane <br />"outliers" in other portions of the "D" Pit reclamation, and along the "G" Road corridor. <br />The aspen study plot irrigation system is operational. Monitoring and weeding of the test <br />'-- ~ plot area is on-going. The aspen study plot schematic diagram in the permit application was <br />recently amended, as requested in the previous inspection report. The test plot area was <br />not closely observed during the inspection, but Roy Karo indicated that a significant number <br />of the transplanted aspen trees had been girdled and killed, apparently by mice. <br />The depression area in the fenced aspen/shrub establishment area on the eastern ridgeline <br />still contained some standing water. The site was not closely inspected, but the operator <br />indicated that willows had recently been planted in the wet areas of the site. <br />Fence construction had recently been completed for an aspen/shrub planting area near the <br />T-5 Stockpond, west of the aspen test plots. Corner posts had been set for an additional <br />aspen/shrub planting area of at least 5 acres, encompassing the east facing swale off the <br />ridgeline, in the Pond 015 watershed, north of the existing ridgeline aspen planting area. <br />The "aspen farm" area was inspected. This is an area of 3-5 acres where aspen trees and <br />brush was cleared to stimulate aspen suckering, to serve as a source of site adapted aspen <br />saplings for future reclamation use. The area is located along the northerri edge of the <br />aspen grove that would have been mined through under the original mine plan for the Wolf <br />Creek/Sage Creek mining block. The clearing was done in the fall of 2005. To date, there <br />has been a modest amount of aspen suckering, and extensive suckering of chokecherry. <br />Most of the aspen sprouts showed evidence of browsing. Elk fencing of the aspen farm <br />area will be completed within the next few weeks; the fencing contractor was on site at the <br />time of the inspection. <br />3 <br />