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NorthWest Colorado Consultants, Inc. Geotechnical / Environmental Engineering • Materials Testing • ,, ; p10 Subject: Marr Mine - Permit No. C-80-006 Permit No. C-80-006, Loadout Pond Jackson County, Colorado Dear Mr. Zuber, April 30, 2010 Mr. Rob Zuber Colorado Department of Natural Resources Division of Reclamation, Mining & Safety 1313 Sherman Street Rm. 215 Denver, CO 80203 Project No. 05-6371 NWCC, Inc. is pleased to provide you with the certified sediment pond (Loadout Pond) inspection for the Marr Mine located in Jackson County, Colorado. Mr. Brian D. Len from NWCC Inc. conducted the inspection of the Loadout Pond on April 27, 2010. The purpose of the inspection was to provide annual certification by a Professional Engineer registered in the state of Colorado. The inspection form completed at the time of our site visit for the subject pond is attached, as well as photographs taken during the inspection. The subject pond, which is located to the west-northwest of the Loadout Facility, as well as the embankments appear to be functioning as designed and intended. The elevation of the water surface in the pond was approximately 1 foot below the primary outlet elevation. A slight amount of seepage was observed flowing through the outlet channel and pond weir (0.05 feet). It should also be noted that the irrigation ditch, which is located directly north of the outlet channel was flowing strongly. The water in the irrigation ditch is coming from the pond located southeast of the Loadout Pond and immediately south of the facilities gate. It should be noted that this pond was full. s garding our observations, or if we may be of further service, please contact the If you have any que7fi7 undersigned. Since rely, P©0 REGIS, O• ?•F9 NWCC, INC. `AN O?,Q C) v• •? Brian D. Len, P. Senior Princip ier cc: George Patterson, (970) 879-7888 • Fax (970) 879-7891 2580 Copper Ridge Drive • Steamboat Springs, CO 80487