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(Page 4) MINE ID # OR PROSPECTING ID #: rn-~a~R-ns~ INSPECTION DATE: m/~3ma INSPECTOR=S INITIALS: TAS The following problems (PB) and/or possible violations (PV) (and suggested corrective actions) were identified during this inspection. The problems should be corrected by the dates given, or they will become possible violations. The possible violations should be corrected by the dates given to reduce their severity when considered by the Mined Land Reclamation Board. The inspector noted on the previous page should be notified of all corrective actions taken. AND CORRECTIVE ACTIONS 1. The current configuration of the existing Flood control dike along the south bank of the south bank of the Cache La Poudre River is not in compliance with the approved construction specifications. In particular, the flood control dike averages 15.7' above the bed of the Cache La Poudre River and the dike was to be no more than 9' above the bed of the Cache La Poudre River. This configuration creates a potential for adverse offsite damage to surrounding property owners, and non-compliance with Rule 3.1.6(2). CORRECTIVE ACTION: Implement a temporary control measure on or before 04/30/04 to minimize the potential for possible adverse flood related impacts during the 2004 runoff season; and implement a permanent solution to the offsite Flood impact concern on or before 12/31/04. Acceptable temporary control measures may include a) reducing the height of the dike to no more than 9' above the bed of the river channel, b) provide a survey of the north and south banks of the Cache La Poudre River for the reach within the permit boundary which verifies the bank elevations and a hydraulic engineering evaluation that verifies that any floodwaters expected during the 2004 runoff season will be routed safely through the Durham Pit and away from any neighboring, offsite structures, or c) install a series of properly engineered, temporary emergenty spillways throughout the length of the dike to ensure that potential floodwaters are routed safely through the Durham Pit and away from any neighboring, offsite structures (Such spillways must receive prior review and approval of the Division). Acceptable permanent solutions may include a) reducing the height of the dike to no more than 9' above the bed of the river channel, and verifying that such elevation is in compliance with County and Federal Flood Control requirements, b) installing a series of properly engineered, permanent spillways designed to withstand the flood velocities and Flows expected fora 100-year flood event (such spillways must receive prior review and approval from the Division and must also comply with County and Federal Flood Control requirements}, or c} submit an application far a permit amendment to revise the approved design configuration of the flood control dike (such design configuration must have prior approval from Weld County, FEMA, and the US Army Corps of Engineers). CORRECTION DATE 04/30/04 12/31/04 PB or PV : PB TOPIC(S): HB,MP