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(Page 2) MINE ID # OR PROSPECTING ID # M-1981-165 INSPECTION DATE 9/4107 INSPECTOR'S INITIALS RCO OBSERVATIONS This inspection was performed by the Division as part of its monitoring of Hard Rock/Metals 110(2) permits. The operator contacted this office about scheduling the inspection. The operator's representative named on page one was present during the inspection. The mine was not active at the time of the inspection, but there were equipment and facility maintenance activities being carried out that morning. Anew permit ID sign has been placed at the locked gate to the site. Permit boundary markers were observed, and all activity appeared to be in the permitted area. The topsoil piles were vegetated. Some new road maintenance has been carried out this season (new rock surface, new culverts, water bars, grading). There was some material removed from the cutslope above the portal, which hopefully did not over-steepen it, but the operator should watch the cutslope to ensure it is stabilized and does not ravel. This may require placement of fill against the toe to buttress it. The permit boundary is not far beyond the top of the slope, and failure could result in offsite damage eventually. There are a few small patches of Canada thistle along the lower part of the access road. The operator explained they were sprayed with a new herbicide in 2007, which appeared to offer promising results. The operator must continue to monitor this regularly and treat on a schedule to control this noxious weed. The stormwater drainage structures were intact and functional butwill require maintenance to restore the capacity. Due to their proximity to the creek care must be taken during earthwork not to allow material to enter the creek. The several levels of staging areas should be bermed to contain surface water in the permit area also. The mill building was secure and the exterior appeared to be intact. The interiorwas not inspected. The crusherand conveyor outside the building appeared to be in good shape, and were tarped against the weather. The cribbing near the portal was failing, but the operator is in the process of repairing it. The main (65 level) portal was secured with a locked steel door. There was no exterior storage of hydrocarbons or other fluids. The lined tailings pond was in good shape. The embankments were intact and vegetated. The portion of the liner above the water showed no signs of deterioration, and water level appeared to be stable (indicating that the portion underwater was not leaking). There was about 3 or 4 feet of freeboard. A bear had dislodged a portion of the mesh on the slope above the pond, so it must be repaired and anchored and the woody debris cleared from the edge of the water. The amphibians living in the pond were alive. Much of the steel debris formerly stored near the pond has been removed from the site. The ore storage pad contained several hundred tons of ore which the operator intends to process, possibly this year. If the ore is processed onsite, the tailings must be neutralized and handled according to the approved plan. If the ore is not to be processed in 2007, it will be subject to weathering, and poses the potential for release of minerals to the soil, groundwater or surface water. The operator must prevent such leaching from occurring, by a method of his choosing, though it must be adequate. This is not noted as a problem in this report, but could become one if adequate measures are nottaken this season. No further items were observed during the inspection. Responses to this inspection report should be directed to the Division of Reclamation, Mining and Safety, 701 Camino del Rio, Room 325, Durango, Colorado 81301, Attn: Bob Oswald; phone no. 970- 247-5193. (Please note the new room number, and revise your records as necessary.) I & E Contact Address NAME OPERATOR STREET CITY/STATE/ZIP E. L. Ballard Mine Development Inc. 16360 Park Ten Place #325 Houston TX 77084 cc: Tony Waldron, DRMS ^ CE ^ BL ^ FS ^ HW ^ HMWMD (CH) ^ SE ^ WOCD (CH) ^ OTHER Cc: Harold Luzar, Mine Development Inc., 3319 E. 4`" St. ,Durango, CO 81301