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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made during <br />the inspection. Comments also describe any enforcement actions taken during the inspection and the <br />facts or evidence supporting the enforcement action. <br />This was a partial inspection conducted by Janet Binns of Colorado Division of :Declamation, Mining <br />and Safety. The mine is a reclaimed surface mine. The weather was dry and clear. The operator has a <br />consultant, IME, on the site conducting vegetation sampling. Sampling is being conducting on the <br />remaining reclaimed acreage at the mine site and at the load out. <br />Hydrologic Balance: The Load Out pond was not discharging but the pond was holding a pool of water. <br />The pond embankments were well vegetated with no maintenance concerns noted. The permanent pool <br />in the pond is shallow and contains water plants. Grebes were in the pond at the time of the inspection. <br />Topsoil: The consultant delineated the western boundary of the reclaimed parcel. on the eastern slope of <br />the warehouse pad by the topsoiled area versus non-topsoiled (graveled) area, and correlation with the <br />map. This western boundary designation is logical and the division is in agreement with where the <br />consultant has defined the limits of the sampling areas. <br />Reclamation Success and Revegetation• Vegetation sampling was being conducted at the north parcel <br />at the mine area (east side of warehouse area) at the time of the inspection. Spring moisture has been <br />very good and vegetation is in good condition. Basin wildrye and Russian wildrye were at antithesis. <br />The sampling protocol was discussed with IME (Kent Crofts). 50 M long transects were sampled using <br />a 10 point frame. Five randomly determined sampling points were collected along the transect. <br />Transect start locations were randomly determined in the office, entered into a GPS, then navigated to in <br />the field. Random compass direction was determined for each transect in the office. IME indicated that <br />30 transects would be collected for the reclaimed parcels at the mine. Similar sampling protocol would <br />be employed at the alkali sage reference area and for the Load Out reclamation and Load Out Sagebrush <br />reference area. The sampling protocol is in agreement with the Marr Permit. Productivity and woody <br />stem density sampling was collected as well. <br />Both the Alkali sagebrush and Loadout Sagebrush reference areas were observed. Neither reference area <br />had been grazed or disturbed prior to the sampling. The alkali sagebrush reference area is east facing <br />and dry. The native vegetation is very low growing, sparse, and has few herbaceous species in it. The <br />visually dominant species are alkali sagebrush, very low growing rabbitbrush. <br />The Loadout sagebrush reference area was not staked, but it was easy to located based on visual <br />landmarks. The Load out reference area is visually dominated by big sagebrush, :needle and thread <br />grass, Sheep fescue, rabbitbrush and Big bluegrass. There is considerable bare ground visible in this <br />undisturbed reference area. The site was not obviously eroding and appeared representative of the <br />surrounding locale. <br />Patches of Canada thistle were encountered at the north end of the north parcel and on the south end of <br />the north parcel. Several Canada thistle patches were also encountered towards the eastern edge of the <br />southern parcel. Canada thistle is encroaching from the adjacent property onto the Load out near the <br />gate. Canada thistle is considered a noxious weed species and needs to be controlled in accordance with <br />the Marr weed management plan. <br />3 of 6 WHITE - File YELLOW - Operator PINK - Specialist