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(Page 2) MINE ID # OR PROSPECTING ID #: M-2001-113 INSPECTION DATE: 6-10-04 INSPECTOR'S INITIALS GRM OBSERVATIONS This inspection was conducted as part of a request by the Division of Water Resources (DWR) for information concerning water exposure issues at the Seahorse Pond and the Seahorse Ranch West Gravel Pit. The Division of Minerals and Geology (DMG) contacted the operator and met with Frank Varra on site to discuss site conditions. Further phone conversations with Chris Varra helped clarify the issue. DMG inspectors Russ Means and Steve Shuey inspected the site. The Seahorse Ranch West is a 112c permitted site located east of Gunnison, Colorado. The site is currently actively mining. Excavation, crushing and stockpiling were observed during this visit. This site was last inspected on 9/15/03 as part of the normal monitoring program established by the Division of Minerals and Geology (DMG). At that time a small fuel spill had been noted. The operator submitted photo documentation of the clean up of this azea. At the time of that inspection the issue of exposure of groundwater was briefly discussed. Some water was noted, but the inspection was the day after a rainstorm so it was not possible to judge whether the water was storm or exposed groundwater. The operator was to forwazd information on concerning efforts to acquire the proper water augmentation permits. Neither DMG staff nor the operator followed up on the issue. The Seahorse Ranch West Pit was observed to have been entirely filled with water at the time of the inspection. (Photos 1,2,3). The Division, as part of the permit approval, noted that all other permits associated with this operation were to be in place prior to the beginning of mining operations. Apparently the water augmentation plans were discussed but never submitted or over looked. Due to a Succession of Operators (SO) it appeazs the new operator, Varra Companies, has inherited an issue that it was not at least fully awaze of during the transfer process. Therefore, the inspector is not listing this as a problem or possible violation at this time. The operator must understand that if action on this issue is not taken quickly, the issue will be changed to a possible violation, which would require a hearing before the Mined Land Reclamation Boazd. Both the DMG and Water Resources must be kept informed on the progess towazds correcting the situation in order for the issue to remain workable outside of a Boazd hearing and possible penalties. As long as the operator keeps the Division and DWR updated on a regulaz basis concerning the submittal and progress towards correction of the exposure of groundwater no negative action will be taken by DMG on this issue. Other ramifications for failure to obtain the proper water augmentation plans include the recalculation of the required bond to backfilland re-vegetate the entire pit above the groundwater level, which in this case is only 4 to 5 feet below the natural grade. In order for the exposed groundwater issue to remain an issue of concern and not turn into a possible violation ofthe permit, Varra Companies must do the following: 1) Submit documentation to the DMG that a temporary augmentation plan has been submitted to the State Engineer by July 19~', 2004. 2) Submit documentation to DMG that a permanent water augmentation plan or well permit is being prepared, which should include a date for probable submittal. 3) Keep the DMG and DWR staff informed by written documentation of progress towazds final correction of this issue. 4) Upon approval of the temporary and permanent decrees, submit a copy to the Division for its records.