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(Page 2) <br />MINE ID # OR PROSPECTING ID # M-1993-035 <br />INSPECTION DATE 6/02/06 INSPECTOR'S INITIALS ESC <br />OHSSRVATIONS <br />This was an inspection of the Swan River Resources Mine conducted by Erica Crosby of the <br />Division of Minerals and Geology. Joe Dudley of Alpine Rock Company was present during <br />the inspection. <br />A 112c Mining and Reclamation Permit was issued to Alpine Rock Company on October 4, 1993 <br />for a total permit area of 352 acres. The Division holds a financial warranty in the <br />amount of $34,339.00. <br />The Swan River Resources Mine is located 5 miles northeast of Breckenridge in Summit <br />County, Colorado. The site lies within the drainage of Swan River. The material mined <br />consists of historic gold placer tailings piled along the river bank. The piles range in <br />height from 5 feet to 15 feet. Mining will remove the piles to a depth that ties in with <br />the surrounding grades. No excavation below the original ground level is expected. The <br />permit states that a portable gravel processing plant will be erected on site to crush and <br />screen the gravel. <br />The following issues were noted during the inspection that needs to be addressed by Alpine <br />Rock Company; <br />Legal Right of Entry <br />During the inspection, the Division obae rved Everist Materials, LLC ("Everist") mining <br />within the permit boundaries of the Swan River site. Upon further review of both permit <br />files, it appears that Everist holds a overlapping mining permit in Sections 24 and 25, <br />Township 6 South, Range 77W (known as the Mascot Placer, Permit No. M-1998-052). The <br />total acreage of the Everist Mascot Placer is 89 acres (within the 352 acres permitted by <br />Alpine Rock). With two overlapping permits the question becomes which entity has the legal <br />right to enter to mine and reclaim the site. The Division obtained the following <br />documents from both permit files, and are attached as reference. <br />o June 8, 1993 Alpine Rock 112 pe <br />French Gulch Mines Inc. & B&B Mi <br />enter and mine on site. The leas <br />enter into negotiations for a ne <br />o August 4, 2003 the Everist Mascot <br />total of 9.94 acres. The deed in <br />that that the site was sold from <br />Company, LLC. <br />o June 23, 2004 the Everist Mascot <br />permit to mine 89 acres. Everist <br />Company, LLC. and the termination <br />rmit application contains a lease agreement between <br />nes, Inc. and Alpine Rock dated October 16, 1992 to <br />e is for a period of 5 years, and has the right to <br />w Lease Agreement. <br />Placer permit (M-1998-052) was amended for a <br />the permit amendment dated July 13, 1998 states <br />French Gulch Mine, Inc. to Rock Island Land <br />Placer permit (M-1998-052) was converted to a 112c <br />states that the owner is Rock Island Land <br />date of the lease is December 31, 2012. <br />From the correspondence in the files, it appears that the current property owner for a <br />portion of the site is Rock Island Land Co. and Everist has the right to mine and reclaim <br />on the 89 acres noted in the permit. it also appears that French Gulch Mines, Inc. & B&B <br />Mines, Inc. are no longer the property owner of the Bite (as noted in the original lease <br />agreement with Alpine Rock), and thus the lease noted in the Alpine Rock file may no <br />longer be valid. The operator will need to provide documentation of Alpine Rock's legal <br />right to enter the site to conduct mining and reclamation operations by October 31, 2006. <br />Failure to do so will result in a notice of possible violation of 34-32.5-112 (1)(c)(IV) of <br />the Colorado Land Reclamation Act for the Extraction of Construction Materials, Rule <br />6.4.14 and the Performance Warranty for failure to provide a description of the basis for <br />legal right of entry to the site to conduct mining and reclamation. For areas that are not <br />covered under the lease (or overlap with the Everist Mascot Placer site), the operator may <br />need to file a partial bond release request to remove those areas from the permit area. <br />See page 4 for further detail. <br />water Quality Monitoring <br />In the permit the operator committed to performing water quality monitoring on a three <br />time per year basis (spring, summer and fall) at locations upstream and downstream of the <br />mining operation. The parameters to be monitored include; Total Phosphorus (mg/1), Ortho <br />Phosphorous (mg/1), Total Suspended Solids (mg/1), pH and Chlorides (mg/1). All <br />