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(Page 2) MINE ID # OR PROSPECTING ID # M-1978-116 INSPECTION DATE 5/4/2005 INSPECTOR'S INITIALS SSS OBSERVATIONS This was a routine monitoring inspection conducted as part of DMG's ongoing monitoring program for permitted mines in Colorado. Mr. Carl Mount and Mr. Russ Means, representing DMG, also accompanied on the inspection. This was a brief inspection of the new facilities, portals and waste rock/ore stockpile pad permitted through Amendment No. 1 (AM-01) in the fall of 2004 at the Wright Mine portal location. The new vent hole site, also permitted through AM-01 was not inspected, though machinery at that location was visible from the lower county road. The mine is now operating in the newly permitted area. However, many of the protection features that Cotter Corp. committed to implement or construct, have not been adequately implemented or constructed. Some of these non-compliance issues are: 1) The mine identification sign and affected area boundary markers were not observed; 2) Diversion ditches around the waste rock and ore stockpile area are not sized and constructed as designed; 3) diversion ditches are not armored as designed; 4) topsoil and waste rock stockpiles have spilled into the diversion ditches; 5) apparently all topsoil has not been salvaged, stockpiled and protected, some was left in place, contaminated and/or buried; 6) topsoil appears to have been haphazardly salvaged into numerous scattered berms and piles; 7) topsoil salvage apparently occurred when the soil moisture was excessive, potentially adversely affecting the soil structure; 8) catchment basins for the rock/ore storage pad appear smaller than designed and appear to be created with topsoil, potentially contaminating this resource; 9) safety and drainage berms appear to be constructed out of waste rock without prior demonsVation that waste rock is non- toxic and non-acid forming; 10) much of the drainage on the south side of the waste dump/ore stockpile area appears to bypass the catchment due to the lack of adequate drainage structures and adherence to design specifications detailed in the permit; 11) It does not appear that the waste rock dump/ore stockpile area was excavated to 30 inches below the county road elevation, greatly reducing the capacity of this area; 12) concrete pads have been poured for some portable structures, without including those pads in the mining and reclamation plans and including cost for removal of those pads in the reclamation bond; 13) spill containment for the diesel tank appears to be undersized and shabbily lined; 14) a drum of waste oil was noted on the pad area not stored in secondary containment and should be moved into and maintained in secondary containment; 15) reporting of storage of waste rock and ore on the new stockpile area was not reported to DMG within 30 days as committed to in the permit Cotter Corp. will need to take measures to correct these non-compliance measures as soon as possible, but by no later than June 14, 2005. Photographic documentation of on-the-ground compliance, and any permit revision applications addressing changed conditions must be submitted to DMG by that date. Nothing can be done about when the condition of the topsoil when it was originally salvaged, and the waste rock and ore analysis results are already due, but all other factors noted above must be corrected by June 14, 2005. Responses to this inspection report should be directed to Steve Shuey at the Division of Minerals and Geology, Grand Junction Field Office, 101 South 3rd Street, Room 301, Grand Junction, Colorado 81501, phone number 970-243-6368. I & E Contact Address NAME OPERATOR STREET CITY/STATE/ZIP Dick White Cotter Corporation P. O. Box 700 Nucla. Colorado 81424 cc: ^ CE ^ BL ^ FS ^ HW ^ HMWMD (CH) ^ SE ^ WOCD (CH) OTHER Ed Cotter - S.M. Stollar / D.O.E.