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(Page 2) MINE ID # OR PROSPECTING ID # M-1984-043 INSPECTION DATE 10/20/06 INSPECTOR'S INITIALS ESC This was a pre-operation inspection of the Jesse Lee Mine conducted by Erica Crosby of the Colorado Division of Reclamation, Mining and Safety. Nick Pelino of Pelino, Inc. was present during the inspection. The Jesse Lee Mine is located 3 miles south of Buena Vista in Chaffee County, Colorado. The permit was issued on in 1984 for 8.8 acres of disturbance. During the Division's inspection of May 16, 2006, it was noted that the operator was mining outside of the approved permit boundary and the Division required the operator to submit a Conversion Application (CN-O1). CN-O1 was submitted on September 11, 2006 to address the areas outside the permit area, and add new acreage for future mining development. The operator proposes a new permit area in the amount of 16.4 acres in size. The purpose of the visit was to do a pre-operation inspection of the site in accordance with Rule 3.2(7) of the Construction Materials Rules and Regulations. The Division currently holds a financial warranty in the amount of $16,000.00. No mining was taking place during the inspection. The site consists of a road leading into the site, the pit area, product storage areas and two sediment ponds. A former sediment pond, approximately 0.6 acres in size, has been reclaimed by backfilling and grading. Water was pooling in areas, due to the proximity to groundwater and water flowing into the area from springs within the pit area. The water eventually flows into the lower two sediment ponds where it eventually discharges into the Arkansas River. Because mining related water is discharging from the sediment ponds, the operator may be required to obtain a National Pollutant Discharge Elimination System (NPDES) Permit from the Colorado Department of Public Health and the Environment. The operator should contact that agency in regard to the need to obtain a NPDES permit for the mine site. A small oil/petroleum spill was noted within the pit. The oil/petroleum spill is approximately 5 feet by 3 feet. The depth of the spill was unknown. The operator will need to excavate the contaminated area and properly dispose of the material by an approved method (such as send to an approved landfill, land farming, recycling, etc.). The operator should contact the Colorado Department of Public Health and the Environment; Hazardous Materials and Waste Management Division for further information regarding the management of petroleum contaminated soil. A link to guidelines can be found at: http://www.cdphe.atate.co.ua/hm/pcsdoc.pdf. See page 4 for compliance due dates. The original permit area of the Jesse Lee permit is depicted on two conflicting maps. One of the maps (used in the annual report submittal) crosses the Arkansas River to the east, and is square in shape west of the river. This map depicts a 9.8 acre area. The other map on file only depicts the permit area to the west of the Arkansas River and is noted as 8.03 acres. With the submittal of the CN-O1 application, the applicant intends to correct the permit boundaries and increase the permit area to 16.4 acres. However, in order to remove land from the permit area across and east of the Arkansas River, the operator must request an acreage release from the Division. The acreage release request must be submitted as separate correspondence to the Division and contain the names and addresses of the current land owner. A sign was posted at the entrance containing the information as required for filing conversion applications. The CN-Ol application is currently under review, and adequacy questions will be submitted under separate cover.