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(Page 2) MINE ID # OR PROSPECTING ID # M-1977-020 INSPECTION DATE 2-18-2004 INSPECTOR'S INITIALS SSS OBSERVATIONS This inspection was conducted at the operator's request, to identify and agree on correction plans for non-compliance issues at this site and to clarify some details that have been misrepresented in the Amendment No. 3 application currently pending. WEST LAKE The west end of the west lake has not been excavated as shown on the AM3 pre-mining map. This map must showaccurate current conditions. Also, some of the other slopes of this lake appear to be at grades that are different than those depicted on this map. Please ensure this map is accurate. EAST LAKE (BLACK PROPERTY) Excavation has proceeded in the past 1.5 years without following the mining plan that was revised by United Companies 1.5 years ago. The mining plan was revised to correct non-compliance issues that were identified at that time, resulting from United Companies failure to follow the mine plan that was in place when they became the successor operator of Pit No. 1. The operator must be aware that potential for violation situations will be high if they continue to operate with total disregard for the approved mining plans set forth in the reclamation permit. C Excavation has encroached closer than 200 feet to permanent man-made structures forwhich a damage waiveragreement or an engineering demonstration of stability has not been submitted, as required by Rule 6.4.19 of the Construction Material Rules and Regulations. The approved permit also contains a commitment by the operator to submit such documentation prior to excavating closer than 200 feet to these structures. This excavation of the buffer areas has occurred on the south end of the pit, near the railroad structures and on the northeast corner of the pit near the A. Wright structures. The operator must adequately backfill these areas of excavation encroachment and prove, through accepted engineering demonstrations, that those pit slopes are adequately stabilized to prevent damage to the subject structures. These highwall stabilization measures must take into account and minimize impacts to groundwater hydrology such as a shadow effect or a mounding effect from installation of an impermeable or low permeability barrier. This highwall stabilization and stability demonstration must be completed within 60 days of the date of this inspection. Excavation has also proceeded to completely remove a portion of the separator strip of material that was to remain in place between the East Lake and the North Lake (Laughery property). This issue will be addressed through the AM3 application process. The operator discussed halting any more excavation of the separator. The sight berm around the Black property has been increased in size, resulting in oversteepened slopes and poor revegetation success. The slopes of this berm need to be reduced to a grade of 3H:1 V, fertilized per the soil analysis from 1.5 years ago, mulched and seeded. This berm has been bare much too long and a concerted effort must be made to revegetate and stabilize it. NORTH LAKE (LAUGHERY PROPERTY AM-2 contains a commitment from the operator to submit engineered plans that address measures to be taken to ensure geotechnical stability of the buffer between the north lake and the Gunnison River. This commitment has been disregarded as excavation has proceeded well into the north lake and no such engineering plan has been submitted to DMG. The operator proposed leaving a larger buffer between the river and the pit, which would be acceptable in areas where vegetation is well established and substantial enough to stabilize the buffer. However, inspection of the northeast corner of this parcel shows little vegetation and highly erodible, vertical and undercut riverbank, strewn with items (appliances, branches, logs) that were deposited in washed out areas in an attempt to stabilize them. Stabilization of this portion of the river bank must be appropriately addressed and implemented before excavation progresses any further toward the northeast corner of this pit. This issue is being addressed through the AM-3 permitting process.