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(Page 2) MINE ID # OR PROSPECTING ID # M-2001-088 INSPECTION DATE 12-21-2005 INSPECTOR'S INITIALS SSS This was a routine monitoring inspection conducted as part of the monitoring and compliance program for permitted mine sites in Colorado. The entire site was walked with the operator and compared to the details of the permit maps and text. It was readily apparent that the operation is out of compliance with their permit. Non-compliance issues included an affected area and a highwall larger than is specified in the permit, and locations where disturbance had progressed outside the approved permit boundary. Review of the permit maps and observations at the location of several permit boundary markers verified these self-reported non-compliance issues. Specific areas where off-site disturbance has occurred includes stockpiling of overburden material in the Excel Energy Company powerline easement along the west side of the permit area, apparent stockpiling of overburden and grubbed material along D Y, Road to the north of the permit area, and stockpiling of overburden straddling the permit boundary in the draw at the southeast corner of Unit 5. It is currently estimated that .5 to .7 acres outside the permit boundary have been affected by mining operations. Mining related disturbance to areas outside the approved permit boundary is noted as a possible violation. A formal notice of possible violation and schedule for a formal public hearing will be forwarded to the permittee under separate cover. Corrective actions and due dates will be determined by the Mined Land Reclamation Board at the scheduled hearing. Non-compliance issues with regard to the mine plan include a change of phasing where phase 9 was mined first and then built up with a berm of overburden, the highwall is larger than anticipated at a current height of approximately 50 feet, there is more overburden than anticipated and it is being used to raise the elevation of the pit floor, and the reclamation plan map may need to be revised to show lower contour elevations due to the increased mining depth. If the currently approved reclamation elevations are still going to apply, then a plan for importation of overburden, incompliance with rule 3.1.5(9) maybe necessary to achieve this goal. It is estimated that the current affected area is .5 to 1 acre larger that the approved 4 acre maximum for which DMG holds reclamation financial warranty. Additionally, the highwall appears to be nearly twice the maximum 28 foot height specified in the permit application. Non-compliance with conditions of the mining and reclamation plans is noted as a problem with corrective actions and due dates listed on last page of this report. All of these non-compliance issues result in reclamation costs that are higher than those calculated in the current reclamation cost estimate upon which the current reclamation financial warranty was determined. In an effort to ensure the financial warranty remains adequate to reclaim this site per the requirements of the approved reclamation plan, DMG has updated the reclamation cost estimate (copy enclosed). Clearly, the site is currently under-bonded. Therefore, pursuant to Section 34- 32.5-117(4) of the Colorado Land Reclamation Act, adequate financial warranty must be submitted to DMG within 60 days of the mailing date of this report. Please review the enclosed figures as soon as possible and contact our office if any calculation errors are noted. At the inspection, the permittee inquired about measures they could take to correct the situation. DMG stated that this situation would most likely be handled as a possible violation, with the Mined Land Reclamation Board determining the corrective actions required. However, the permittee could either submit an amendment application to revise their 110c permit boundaries to include all mining related disturbance, and update their mining and reclamation plans; or, submit an application to convert the permit to a 112c permit, expanding the permit area to include all affected areas and include additional mine area, plus update the mining and reclamation plans. Submittal of these corrective revisions should take place as soon as possible to show a good faith effort to bring the operation into compliance. The diesel tanks on site were located in large livestock water tanks which served as adequate spill containment. Some 55 gallon drums of suspected hazardous materials such as hydraulic fluid and antifreeze were stored without spill containment. These drums will also need to be stored in adequate spill containment to minimize the chance for adverse affects to the hydrologic balance. The mine identification sign and affected area boundary markers are in place. No significant infestations of noxious or other problematic weeds were noted on site during this inspection. No significant erosional features were noted on the affected areas of the site.