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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 complete inspection conducted by Kent Gorham of the Colorado Division of <br />Minerals and Geology. This former underground mine is reclaimed. Remaining buildings <br />and structures are approved to remain as permanent structures. Ground conditions were <br />dry and the weather was warm. Mr. Albert luppa, landowner, visited with me prior to the <br />inspection. <br />Availability of Records <br />The public copy of the mine records is kept at the office of the Las Animas County Clerk at <br />the county courthouse in Trinidad. All required records were easily located with the following <br />exception; 2Q 2003 refuse pile and pond inspection reports. The DMG has copies of these <br />reports at our office. Please place a copy of these two reports at the public records site. The <br />details of the records inspection can be found on page 2a of this report. <br />Hydrologic Balance <br />The sediment pond held water about 6 inches below the top of the riser. Water in the pond <br />was clear indicating no recent runoff, consistent with past and prevailing dry conditions. The <br />pond embankment and spillway appeared normal and in good condition. <br />Ditches and culverts around the site were checked and all found functional. Contour ditches <br />on the refuse slope remain breach-free. <br />Revegetation <br />Western wheatgrass, smooth brome, and cicer milkvetch continue to flourish due to optimum <br />spring moisture. Warm season grasses are beginning to grow due to warm temperatures but <br />have not begun to set seed heads. The interseeded area where sediment pond material <br />was re-spread is responding well with good establishment of seeded species along with the <br />normal compliment of annual weeds. Cattle or evidence of grazing were not observed on the <br />reclamation. The gate to the topsoil pile footprint area was found closed. This area is well <br />vegetated and shows no sign of rills or erosion. This is the ninth growing season of the <br />minimum ten-year liability period for revegetation. The operator indicated that Phase III <br />vegetation sampling would begin on June 16, 2004. <br />The small patch of whitetop mentioned in last month's report appears to have been sprayed. <br />A few remaining healthy plants were noted. Continued monitoring and spraying of this area <br />should eradicate this noxious and aggressive weed species. <br />As shown in the photograph, vegetation on the refuse outslope is doing remarkably well with <br />many grass plants and some fortis becoming established. Silver sage was also observed in <br />significant numbers. Plants now have significant size and may be more capable of soil <br />stabilization on this erosion-prone area. <br />