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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. There was also some cable in the collection ditch segment that runs between the haul road and the equipment storage area near the sediment pond. The ditch needs to be cleared and maintained free of debris from the storage area. TOpS011 The cheatgrass infestation on the topsoil stockpile was sprayed with Round-up herbicide last fall. Treatment appeared to have been effective, there has been no cheatgrass germination this spring. Seeding with the stabilization seedmix will be necessary in the fall. Track-hoe roughening or other seedbed preparation treatment will be necessazy to ensure proper seed/soil contact, given the lazge amount of dead cheatgrass residue present on the soil surface. Revegetation The noxious weed whitetop is present in various locations along the lower haul road, on the margins of the construction dirt stockpile, along the diversion ditch behind the stockpiles, and immediately to the east of the pond cleanings storage area. These areas were recently, but significant numbers of the weeds appear to be alive and vigorous, and are in full flower. Live whitetop plants that are in flower on or adjacent to the topsoil and construction soil stockpile areas should be cut, bagged, and disposed of, to prevent seed dispersal onto the stockpile areas. Support Facilities The emergency drill site on the North Fork of Munger Creek, which was reclaimed in January 2006 was inspected, as was the reclaimed access road leading to the site. The lower segment of the reclaimed access road is in the Munger Canyon Mine permit area. Site conditions are largely unchanged from those described in the April inspection report, with the exception that whitetop weed patches along the road had been sprayed recently, and in most areas spraying appeared to have been effective. The Division advises that spraying of white top along the reclaimed road corridor be suspended for the next several years, to allow recently seeded perennial vegetation to become established (new grass seedlings as well as desirable broadleaf plants would be subject to herbicide damage). At the reclaimed drill site itself, seeded vegetation establishment is excellent, with a diverse stand of grasses, (orbs and shrubs in evidence. Silt fencing was intact and functional. The sediment drying area near the McClane Mine sediment pond held only a small quantity of recent ditch cleanings. The small permanent coal waste disposal site in the Munger Canyon permit area is being reclaimed and will no longer be available for disposal of coal fines, waste rock and cooly sediment from McClane operatons. CAM recently submitted a minor revision application that commits to submittal of a plan for a coal waste disposal area within the McClane Canyon permit area prior to the end of 2007. Until the new permanent disposal site is approved, coal waste materials will need to be stored in the sediment drying area and in designated temporary storage areas in the coal stockpile vicinity. 4