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(Page 2) MINE ID # OR PROSPECTING ID #: M-77-t S'~ INSPECTION DATE: nq/nsin~ INSPECTORS INITIALS: TQG 1. A site inspection was made of Reclamation Pit No. 1 in preparation for pending enforcement action scheduled for the September 18, 2002 Board Meeting. The last site inspection was conducted on March 9, 2001. The purpose of the inspection was to note any significant changes at the site since March 9, 2001. Present during the inspection was Steve O'Brian of Environment Inc. Mr. O'Brian represents the operator Albert Frei & Sons Inc. 2. The Division noted in the March 9, 2001 report that the operator is conducting dry mining and de-watering operations in the absence of necessary approvals from the Office of the State Engineer prior to exposure of groundwater. This matter was listed as a problem. The operator was given three (3) options for correcting this problem on or before June 5, 2001. These options included a) provide written correspondence from the Office of the State Engineer which verifies compliance with all of their permitting requirements for existing de-watering, dry mining, and water management practices at Reclamation Pit No. 1, b) backfill the pit excavation (except for the process water pond) to an elevation that is at least four (4) feet within the original ground surface, or c) submit a properly executed replacement warranty of $18,238,800. None of the three options had been completed as of July 29, 2002. Therefore, a Reason to Believe letter was sent to the operator for insufficient bond and a formal public hearing had been scheduled for the September 18, 2002 Board Meeting. 3. There were only minor changes at the site since the last inspection on March 9, 2001 inspection report. The following changes were noted: 1) mining has now been completed and there were no de-watering pumps operating, 2) there are approximately 25 acres of groundwater exposed within the pit, and 3) the estimated depth of exposed groundwater is 20'. The 25 acres of exposed groundwater is in addition to the 12 acre process water pond located in the northwestern portion of the permit area. The cost to backfill the pit to an elevation that is at least four (4) feet within the original ground surface remains at $18,238,800. 4. At the time of inspection, none of the corrective actions listed in Item 2 above were completed. These concerns will be presented before the Board at the September 18, 2002 Meeting. I & E Contact Address NAME: Mr. Albert R. Frei OPERATOR: Albert Frei & Sons, Inc. STREET; 11521 Brighton Rd. CITY/STATE/ZIP: Henderson. ro 80640 cc: Steve O'Brian Environment Inc. 7985 Vance Drive, Suite 205A Arvada, CO 80003 Michael L. Walker DENVER WAT~R 1600 West 12` Avenue Denver, CO 80204-3412 Bill McIntyre, Office State Engineer