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(Page 4) <br />MINE ID # OR PROSPECTING ID # M-1981-185 <br />INSPECTION DATE 6/3/10 <br />INSPECTOR'S INITIALS WHE <br />Designated Chemical - As previously noted in the inspection report generated from the April 30, 2010 site <br />inspection, metallurgical processing chemicals, including potassium amyl xanthate, are stored on site. The Office <br />has classified potassium amyl xanthate to be a Designated Chemical. The presence of a Designated Chemical on <br />site, and the Operator's stated intention to use potassium amyl xanthate in the milling process, classifies the <br />operation as a Designated Mining Operation. Official notice of this designation will follow under separate <br />correspondence. <br />Unpermitted Portal, Possible Violation Pursuant to C.R.S. 34-32-123, C.R.S. 34-32-124, C.R.S. 34-32-116(7)(h) <br />As shown in photos eight through 15, during the inspection the Office discovered an unpermitted portal, recently <br />constructed and located outside of the approved permit boundary. As shown in photo 15, the unpermitted portal <br />is located beyond the southwest corner of the Level 3 permit area, along the north bank of Little Deadwood <br />Creek, and in close proximity to the underground workings for the Level 1 portal. This is the approximate location <br />of the historic Chief Portal. On May 7, 2010, the Operator provided a map dated December 24, 2009, titled <br />"Ventilation and Escape Way Plan", which shows the Chief Portal as a secondary escape way for the Level 1 <br />workings. As shown in photos eight through 14, the Operator appears to have re-opened an historic portal in a <br />hurried and haphazard manner, has possibly destabilized the only known access road to the Level 3 permit area <br />and to the Incas Mine, has obstructed Little Deadwood Creek, and all in less than 0.25 acres of newly created <br />affected land. <br />The newly constructed portal is located beyond the approved permit boundary and is not addressed by the <br />existing mine plan, reclamation plan or financial warranty. The Operator has agreed to be bound by all <br />requirements of the Act and Rules and is obligated to maintain his permit and comply with his permit conditions. <br />The Office believes that by failing to amend the permit, to incorporate the new portal priorto the construction of <br />the portal, the Operator has violated the conditions of his own permit, has failed to protect off-site areas from <br />damage, and/or has engaged in an unpermitted mining activity. Pursuant to C.R.S. 34-32-124(1), 34-32-123 <br />and/or 34-32-116(7)(h) the Office has scheduled the possible violation for consideration by the Board, to occur <br />during the July 14-15, 2010, Board meeting. <br />Financial Warranty- Currently, the Office holds $148,329 financial warranty, which appears sufficient to address <br />all reclamation liabilities located within the approved permit boundaries. Observations made during the <br />inspection and recorded in this report indicate that the Operator has created substantial reclamation liabilities <br />located beyond the established permit boundaries. The Office shall review the current cost of reclamation, which <br />will also address affected lands located beyond the permit boundary. <br />Response to this inspection report should be directed to the Division's office in Durango at 691 County Road 233, <br />Suite A-2, Durango, CO 81301, to the attention of Wally Erickson, phone (970) 247-5469. <br />I & E Contact Address <br />NAME <br />OPERATOR <br />STREET <br />CITY/STATE/ZIP <br />Mike Clements <br />Wildcat Mining Corporation <br />108 Linda Court <br />Durango, CO 81301 <br />cc: Steve Shuey, DRMS (by email) <br />? CE <br />? 131 <br />? FS <br />? HW <br />X MSHA, Brian Goepfert (by email)