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III. COMMENTS-COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also <br /> describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. <br /> This was a Partial inspection conducted by Janet Binns of CDRMS. The mine no longer extracts coal,but the remaining <br /> surface pit(Pit B) is permitted to dispose of flyash. CEC caps,regrades,topsoils,mulches and seeds the pit as the ash fill <br /> progresses. The weather was clear and warm,with thunderheads building at the time of the inspection. The mine has <br /> received frequent small rain events. Total precipitation measured for July=1.52 inches. Mr. MacDonald provided the <br /> inspector copies of a Minor Revision during the inspection. The Minor Revision provides updates to officers and controllers <br /> of the Coors Energy Company and its parent company. <br /> Roads: The haul road to the pit and return to the facilities were dry and well graded. Road side ditches have been shaped . <br /> Two ash trucks came in during the inspection.The operator said that they are currently hauling 8 truckloads of ash per day. <br /> The haul road is in good condition. <br /> Hydrologic Balance: The mine site was moist and has received adequate precipitation in recent storms. The dugout pond <br /> was dry and well vegetated. Pond 2 is primarily dry but holds a small puddle of water. The puddle of water at the North <br /> end of Pit B was still present,though drying up. <br /> Backfill: The lower lift of ash has already been placed in the bottom of B pit adjacent to a proposed gas well location. CEC <br /> is placing ash on the upper lift of Pit B, immediately North of the Area 3 1 R reclamation area. <br /> Reclamation Success: Area 31 R has been seeded to sorghum, and will be seeded to the permanent seed mix this fall. <br /> Sorghum has emerged and is approximately 5 inches high. Occasional perennial grasses were encountered in Area 3 1 R <br /> although it has not yet been seeded with the permanent seedmix. <br /> Moisture as appeared to come at opportune times this growing season. The reclaimed vegetation throughout the mine was <br /> vigorous and very healthy. Species not frequently seen in other years were visible in the reclaimed areas. Prairie <br /> coneflower was one species encountered that is included in the seed mix but not often observed. Annual sunflowers are <br /> quite prevalent. Annual horseweed was present in areas with well established vegetation. This annual is not considered <br /> noxious, so does not require weed control. One weedy species,Dodder, was encountered in Reclaimed areas 30 and 20, and <br /> by the topsoil Stockpile. These appear to be isolated occurrences of this weed and were pulled by hand. CEC personnel <br /> should continue to monitor for noxious species. No other noxious weeds were noted. <br /> Reclaimed area 30 had a profusion of Indian ricegrass. Vegetation is establishing very well in this parcel. Buffalo grass is <br /> still present as are many of the other seeded perennial species: slender wheatgrass, switchgrass,prairie coneflower, and blue <br /> grama grass,to name visually dominant species. <br /> Reclaimed area 15 had tended to exhibit sparse cover. This year sand sage,blue grama, switchgrass, slender wheatgrass, <br /> were visually present along with the usual annual sunflowers and mustards. <br /> Reclaimed area 25 still is sparse on perennial species establishment. Although seeded perennial species are present,they are <br /> more occasionally encountered,while annual species; Annual sunflower,Russian thistle and Cheatgrass still appear to <br /> dominate. CEC will continue to monitor this parcel. <br /> Page—3—of—6—Pages,(date) 7/23/2009(initials) ihb <br />