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III. COMMENTS -COMPLIANCE Colowyo C-1981-019 9 August 2005 w/~_/ Pg 1/1 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 partial inspection of the Colowyo Mine conducted by Jim Stark of CDMG. Dan Mathews of CDMG, Tay Tonozzi of Colowyo, Faron Compton of Walsh Environmental and John Wagnall of DOW accompanied me. The primary reason for the inspection was to meet with John Wagnall and tour the Lower Wilson PR area to get the DOW's concerns as they regard wildlife. He weather was warm and sunny and the ground was dry. John voiced no significant concerns regarding potential wildlife impacts or data requirements. John indicated that the narrow ephemeral drainage and steep, brushy slopes affected by the proposed pit and excess spoil fill appeared to be good "loafing habitat" for mule deer and elk, but he said there was an abundance of that type of habitat in the general vicinity, and that it was not a limiting factor for the local deer and elk populations. The relatively small size of the project area, and the fact that it is located immediately adjacent to the existing Colowyo permit area also seemed to be factors contributing to his apparent low level of concern. Regarding deer and elk, John's primary concern seemed to be that the "refuge" created by the large area of active mining and reclaimed areas at Colowyo Mine wos limiting the DOW's ability to effectively manage the populations through hunting. There was some discussion of mechanisms to allow for hunting on portions of the reclamation; possibly limited to archery or black powder to ensure it would not present safety concerns. Dispersal of the large concentrations of elk away from the reclaimed "refuge" areas in the fall might offer the added benefit of reducing the impact of browsing on newly established shrubs. We also discussed briefly the benefits and issues associated with application for final bond release for eligible reclamation at Colowyo (bond reduction and increased management flexibility being the primary advantages, shrub density being the primary issue that wil! have to be addressed). Overall, it appears as though DOW will have few, if any, comments or concerns regarding the proposed Lower Wilson project.