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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 partial inspection conducted by Kent Gorham of the Colorado Division of <br />Reclamation, Mining, and Safety (Division). This mine site is currently completing the final <br />stages of reclamation of disturbed areas. Ground conditions were dry and the weather was <br />hot under clear skies. <br />Signs and Markers <br />The mine identification sign has been removed and will be replaced by a new sign indicating <br />the information required by Rules 4.02 and 4.30.2. The recently approved permit transfer to <br />New Elk Coal Co LLC is now final. New signage will display the name and address of the <br />new permittee along with other required information. <br />Revegetation <br />The operator has <br />repeatedly treated weeds <br />at the site including <br />diffuse knapweed, thistle, <br />and houndstongue. A <br />traverse over a wide area <br />of the reclaimed land <br />revealed additional plants <br />that require further <br />treatment. Knapweed <br />continues to spread, now <br />noted on the bench above <br />Fill 7. The Division <br />suggests continued <br />treatment on Areas BA-1, <br />W-4, and C-1. <br /> <br />{ <br /> <br /> <br /> <br />Inspection over the six <br />years since reclamation <br />began at this site indicates that no serious evaluation of the success of reseeded areas can <br />be made until the third growing season. The Division recommends that the operator <br />specifically evaluate reclaimed parcels in the third growing season and make a determination <br />as to the need for inter-seeding or reseeding after that evaluation. <br />All revegetated areas show signs of new growth although dry conditions have limited <br />production to this point. Annual weeds provide some hydrologic protection along with mulch <br />applied from broadcast and hydro-seeding efforts. The operator should ensure that <br />fertilization, shrub seeding, and shrub transplanting efforts are completed in accordance with <br />the approved reclamation plan.