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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 takeri during the inspection <br />and the facts or evidence supporting the enforcement action. <br />Topsoiling was completed on previously graded areas of the "D" Pit in 2003, and a <br />small area of the previously graded "A" Pit, including the Aspen Test Plot. Additional <br />previously graded areas of the "A" Pit between the ridgeline road and 2003 grading <br />areas, and "B" Pit areas including the steep unmined slope north of the pit and adjacent <br />graded spoils were not topsoiled in 2003. These areas will need to be topsoiled and <br />seeded in 2004, in addition to the areas that were rough graded in 2003. <br />0 Live handle topsoil operations have been initiated within the last couple weeks..Soil has <br />been stripped in advance of pit operations in the northern Wolf Creek Block, and direct <br />hauled to regraded spoil areas in the upper "A" Pit, near the Ridgeline. These soils are <br />from aspen forest habitat. Live handle topsoil from this area was also placed last fall in <br />the aspen test plot area and a small area adjacent to the aspen test plot. Volunteer of <br />native aspen community species, including some aspen sprouts, was observed in.the <br />live handle areas placed last fall. Soils in the aspen test plot will need to be graded to <br />eliminate rills and ensure uniform soil thickness. However, for those limited areas of.live <br />handle aspen forest topsoil spread last fall outside the test plot, and the additional areas <br />where live handle aspen forest topsoil is being spread this spring, it is recommended <br />that seedbed preparation activities and seeding be delayed until fall. This will allow for <br />an evaluation of whether volunteer establishment of desirable native species is <br />satisfactory without supplemental seeding. <br />0 Topsoil stockpiles AAA and CCC in the South Extension Area do not drain to sediment <br />ponds and are not yet stabilized by vegetation. SAE sediment control is provided by <br />perimeter containment berms. The berms in both locations appear to have functioned <br />effectively, however the low areas associated with both stockpiles have partially filled in <br />with sediment and need to be cleaned out. To eliminate the impounding effect of the <br />berms, berm height should be reduced at the drainage collection low spots at each <br />stockpile, and silt fencing should ba installed at these locations. <br />Fish and Wildlife <br />0 Wildlife consultants were conducting annual sharptail grouse lek counts and surveys, <br />and golden eagle nesting checks during the inspection. <br />Revegetation/Reclamation Success <br />High densities of noxious weeds, particularly Canada thistle and houndstongue are <br />present along many roads, sediment ponds, stockpiles, ditches, drairiages, gully repair <br />areas, and other disturbed areas within the permit area. In many locations, these weeds <br />have been sprayed repeatedly over a number of years. Other noxious species that occur <br />in fewer locations or at lower densities include black henbane, Dalmation and yellow <br />toadflax, whitetop, bull thistle, and musk thistle. The operator has recently developed a <br />comprehensive weed management plan for their mine properties to comply with State <br />and County noxious weed control requirements. More intensive inventory, mapping, <br />10 <br />