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(Page 2) MINE ID # OR PROSPECTING ID # M-1987-028 INSPECTION DATE 09/28/04 INSPECTOR'S INITIALS ESC This was an inspection of the Lily Mines conducted by Erica Crosby and Carl Mount of the Colorado Division of Minerals and Geology. No representative from Colorado Marble, L.L.C. was present during the inspection. However, the site was currently being mined. Aaron Tezak was the operator present on site loading marble into trucks to be hauled down along Highway 50. The Division briefly spoke with Mr. Tezak prior to and after the inspection. It appears that Arron Tezak is working as a contractor on the site, The Lily Mine is located 1 3; miles north of Garfield in Chaffee County, Colorado. The site is situated at an elevation of 11,000 feet. The permit was issued on March 18, 1988 for 9 acres of disturbance. The site is located on private land. A condition of the permit requires that mining only occur between the months of June to September. The Division currently holds a financial warranty in the amount of $24,000.00.00 Mining noted outside of the approved permit area The Division used a Trimble GeoXT Global Positioning System {GPS) to determine the affected boundary of the mining operation. The Division collected data by traversing the perimeter of the affected area. In addition, the Division measured the various benches to determine the vertical distance between the highwall, working face and waste pile. The following acreages were noted: 1. The perimeter of the affected land totaled 19.96 acres. 2. The bench below the working area totaled 1.10 acres. 3. The bench above area 2 totaled 0.2 acres. 4. The top of the waste pile totaled 1.33 acres 5. The bottom hole of the pit totaled 0.11 acres The data stored in the GPS unit was downloaded into the Pathfinder Office software and was differentially corrected to reduce errors. The collected data indicates that the Russell Gravel Pit is approximately 20 acres, roughly 11 acres over the permitted area. The GeoXT has submitter level of accuracy. Please see attached map for further detail. Based on data collected with the GPS, is apparent that mining operations have been conducted outside of the approved affected area boundary. Therefore, there is a reason to believe that a violation exists for mining outside the approved affected area or that the operator is mining without a permit. The possible violation and correction actions are noted as follows; The operator failed to protect areas outside of the affected land from slides or damage during the mining and reclamation operations in accordance with 34-32.5-116(4)(I)of the Colorado Land Reclamation Act for the Extraction of Construction Materials, OR the operator failed to first obtain a reclamation permit prior to engaging in a new operation in accordance with 34-32.5-109(1) of the same Act. Notice of the said violations will be sent under separate cover. The operator will need to submit a 112-conversion application (112 permits are required for sites greater than 9.9 acres). The application should update M-1987-028 so the total affected area and all present and future disturbances that have occurred and/or will occur as a result of this operation will be included in the permit area. A complete 112 Conversion Application must be submitted by December 1, 2D04 and approved by March 1, 2005 (or April 1, 2005 if comments are received). See page 4 for additional detail. Mining and reclamation not performed as approved in the permit In addition to mining outside of the permit area as noted above, the operator has not performed mining and reclamation as prescribed in the approved permit. In particular, the application states: "The pit will be the only significant disturbance. This could ultimately be mined to a depth of 40 feet high." However, it was noted based on data collected in the GPS that the vertical