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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made during the <br />inspection. Comments also describe any enforcement actions taken during the inspection and the facts or <br />evidence supporting the enforcement action. <br />To soil <br />Topsoiling was completed in all 2003 grading areas last fall, with the exception of the east <br />draining Swale area along the ridgeline, near the south boundary of the original permit area. <br />Conditions had been too wet until recently, but topsoiling of this area was in progress <br />during the inspection. Topsoiling had been completed or was in progress in various 2004 <br />graded areas within the South Extension Area, as well as 2005 graded areas along the <br />Ridgeline Wadge pit section in the South Extension. <br />Revegetation/Reclamation Success <br />Approximately 25 to 35 acres of final graded slopes in the "A" pit area that were topsoiled <br />in late 2004 did not get seeded, due to weather and ground conditions. These areas are <br />scheduled for seeding within the next week. Portions of this area on steep slope will be <br />extensively roughened and broadcast seeded. <br />Revegetated areas were not closely examined; more extensive assessment of revegetation <br />will be conducted later in the growing season. There was recent emergence of seeded <br />species on most areas seeded in the fall of 2004. An area of concern was noted in several <br />areas of the lower "D" Pit reclaimed area, where a dense infestation of black henbane, a <br />biennial noxious weed, has become established. Appropriate control measures will need to <br />be initiated to prevent the current crop of weeds from producing seed, and control <br />measures will likely be necessary for several years due to the persistent seedbank <br />associated with this species. Black henbane has been observed as scattered individuals on <br />the mine site in the past, but the dense patches present this year have not previously <br />occurred, and prompt, thorough control is critical to prevent the spread of this noxious <br />weed. <br />Work appears to be progressing on schedule in the aspen study plots. Installation of <br />irrigation lines and the soil moisture monitoring network is underway. Volunteer aspen <br />sprouts have been flagged and weeded. Installation of the irrigation system, precipitation <br />and soil moisture monitoring systems, as well as weed control and vegetation monitoring is <br />being conducted by the Forest Service Rocky Mountain Research Station, overseen by Dr. <br />Wayne Shepperd. The irrigation tank is to be set up on the top of the hill above the plots <br />within the next couple weeks. There are two soil treatments within the aspen study plot <br />fenced area, a "normal" treatment in which the aspen trees were dozed off prior to soil <br />salvage, and a "modified" treatment, in which the aspen trees and other woody plants were <br />mechanically chopped into small chunks using a rotoclear machine. The woody material <br />expelled from the rotoclear machine was incorporated into the soil during the salvage <br />operation. The only planting done within the study plots are the aspen samplings harvested <br />from a location in the Yoagt Mine permit area, and planted last fall within the irrigation <br />treatment study blocks inside the fenced area. The area inside the fence but not within the <br />treatment blocks has not been seeded or planted, to assess the extent of volunteer <br />establishment of aspen and other native species from propagules (root and stem segments, <br />4 <br />