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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 complete inspection of the OC #2 Mine conducted by Dan Mathews of CDMG. Weather was partly cloudy, warm and dry. The site was snow free and surface soils were dry, The primary focus of the inspection was to assess the status of fencing at the site. CDMG is contemplating interseeding at the site to enhance vegetative success; livestock exclusion may be critical to vegetative stand improvement and success of any interseeding effort. Roads: The remaining permanent road segment was stable, with no rills or signs of recent use. Hydrologic Balance: The sediment pond contained no water; small mud puddle in deepest part Backfilling and Grading: The reclaimed porta]/backfilled slope area appeared stable with no excessive erosion. Revegetation/Reclamation Success: Vegetation sampling was conducted by the Division in June 2005. Sampling indicated that the diversity standard had been achieved; the cover standard was not achieved {sample mean of 31.1% vs. standard of 40.5%). The production sample mean (134 g/sq.m) exceeded the standard (13 ].I g/sq. m), however sample adequacy was not achieved due to high variability (data skewed by a few very high production quadrats in the soil stockpile area). The noxious weed Canada thistle was present in the northeast portion of the reclaimed slope and a dense patch was encountered on one transect (1.5% relative cover). Based on the sample results, the Division concluded that: Athough cover is low on the slope area, there are a relatively high number of species. With proper grazing management (difficult on such a small site) or livestock exclusion, and control ojCanada thistle, cover ofgrasses would be expected to increase. Otherwise, low palability weedy species, expecially the noxious Canada thistle may increase on the site, given the extent of bare soil. /nterseeding of the slope area, combined with grazing protection, would likely accelerate the establishment of a more effective cover of desirable species. A[ the time of this inspection, overall condition of the vegetative stand is as documented last year (although cover and production is lower due to the early stage of the growing season). There were no livestock on site and no indication of livestock grazing so far this year. There was evidence of recent elk grazing; notably the alk appear to have preferentially grazed the orchard grass plants. Site conditions appear to be dry for so early in the growing season; likely due to warm, dry conditions during April and May. Support Facilities: Four strand barbed wire fencing in is place, completely encircling the reclaimed slope area. However, the fence is in a poor state of repair. In several locations, wooden gate posts, comer posts, and brace posts are rotted and have fallen, and as a result the fence is down in these locations and no longer functional. In other locations wire is loose and in one spot gully erosion has resulted in excess space (2'+) between the bottom wire and the ground. Maintenance including replacement of corner posts, brace posts, gate posts, etc, will be necessary to repair the fence to a sound condition. Fence repair will allow livestock to be excluded for a period of time as necessary to establish a satisfactory cover of desirable vegetation on the slope. The Gunnison County Weed Commission has been contacted to spray the Canada thistle infestation later in the growing season. The ranch manager for the landowner (Castleton Ranch) will be contacted to discuss fencing repairs/livestock management, and tentative plans for an interseeding project.