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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 Reclamation, 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 <br />