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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 /> sumps, and is no longer allowed to flow down the ditch and into Bear Creek. Periodically, <br /> the sumps are pumped out into a truck that hauls the water to the pond in the East Yard for <br /> additional settling of solids to occur. <br /> • Electricians were tying in the substation (relocated from the Hubbard Creek Fansite) to the <br /> completed power line (Figure 4). <br /> • Disturbed areas around the newly installed power poles had been regraded and seeded. <br /> Topsoil <br /> • The topsoil stockpile at the Bear Creek Fansite Facility has been laid back against the slope, <br /> and seeded. Wattles have been installed across the downslope to prevent loss of topsoil to <br /> the Bear Creek below (Figure 5) <br /> General Mine Plan Compliance <br /> • The uppermost material storage area alongside the Elk Creek Access Road was extremely <br /> neat and well-organized. Jim explained that summer employees have been tasked with <br /> cleaning up debris and trash throughout the disturbed areas. This was one of the sections <br /> they had already tidied up. The crew was busy picking up trash in the East Yard at the time <br /> of the inspection. <br /> Fish & Wildlife <br /> • A doe was sighted, along with a mountain bluebird. <br /> • A vividly-colored bird was sighted near the West Valley Fill. It was orange and white and <br /> black- perhaps a Northern Oriole or Western Tanager. <br /> Revegetation <br /> • The area has received above-average precipitation this spring. As a consequence, <br /> numerous non-noxious species are thriving: basin wild rye, blue flax, orchard grass, alfalfa, <br /> yellow sweet clover and yarrow. <br /> • At the II West Valley Fill, healthy plant growth is occurring on the slopes seeded in the fall of <br /> 2008 (Figure 6). The success, given the fact that the slope is south-facing, is due in part to this <br /> year's cool, wet spring weather. Species observed included cicer milkvetch and <br /> penstemon. Isolated Scotch thistle plants were sighted; they will be sprayed in the near <br /> future. <br /> Air Resource Protection <br /> • A water truck was spraying water on the parking lot and mine access haul road at the time <br /> of my arrival. <br /> Slides & Damage <br /> • A small landslide east of Substation No. 3 has shown some recent movement. It is now <br /> encroaching on the north shoulder of old SH 133. <br /> Elk Creek Mine C-1981-022 09-Jun-2009 <br /> -2- <br />