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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 /> The requested Phase II bond release area is comprised of parcels owned by several landowners. <br /> There are two land uses associated with the reclaimed lands: <br /> IP-Irrigated Pasture <br /> DP-Dryland Pasture <br /> A summary of each landowner's parcel with the designated land use is provided below. <br /> WFC (East of Staats) OP) <br /> See comments on Staats parcel, below. <br /> Staats Parcel (IP) <br /> Mr. Mel Staats joined the DRMS and WFC personnel at the office, and participated in the field <br /> inspection of his property. The second cutting of hay, a blend of grass and alfalfa, was finished <br /> the week prior to the inspection. Dominant grasses are smooth brome and orchard grass (Figure <br /> 3). Mr. Staats stated that some differential settling has occurred over the years, and pointed out <br /> cobble-sized rocks (smaller than what can be rock-picked by mechanical means) sparsely <br /> scattered on the surface of the field. The vegetation on the property appears to be uniform. He <br /> had some concerns with topsoil replacement. The Division took one sample in the area he was <br /> concerned with (Figure 4), and we found the in situ topsoil depth to be at least 18", the required <br /> amount of topsoil replacement for that area. <br /> Benson-South OP, DP) <br /> At this parcel, the second cutting of the season had recently occurred. The hay was in the <br /> process of being raked into windrows for baling. Krill draw runs through the property, is well <br /> vegetated (Figure 5) and functioning as planned. The western portion of the parcel is irrigated <br /> pasture, and well-vegetated. The eastern portion is dryland pasture, uniformly covered with <br /> wheat grasses. <br /> Moore Parcel (IP, DP) <br /> The portion west of the mine haul road is dryland pasture,while the portion east of the haul road <br /> is irrigated pasture (Figure 6). <br /> San Miguel Power Parcel (IP) <br /> This parcel has been reclaimed to irrigated pasture, with the exception of Pond 007 (Figure 7). <br /> The owner has indicated that it may wish to see Pond 007 retained as a permanent feature. If <br /> that is so, WFC will need to submit a technical revision requesting that the pond be retained as a <br /> permanent structure; address the requirements of Rule 4.05.9(13) and include a request from the <br /> landowner stating that they wish to have the pond retained as part of the post mining land use <br /> per Rule 2.05.5(1)(b). <br /> Burbridae OP) <br /> Irrigation with a sideroll irrigation system was occurring at the time of the inspection. Hay from <br /> the second cutting had previously been baled and removed. Vegetative cover is thick, with <br /> composition somewhat variable based on zones that have experienced differential settlement <br /> New Horizon Mine C-1981-008 25-Au972008 <br /> -2- <br />