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PERMIT #: M-1984-014 <br />INSPECTOR'S INITIALS: GRM <br />INSPECTION DATE: November 17, 2010 <br />OBSERVATIONS <br />This inspection was conducted as part of the normal follow up process of compliance issues for the Colorado <br />Division of Reclamation, Mining, and Safety (DRMS). DRMS inspector Russ Means was accompanied by Cotter <br />Representative Glenn Williams and Department of Energy representative Dan Burns on site. The JD-8 Mine is <br />a 112d-1 Designated Mining Operation (DMO) with intermittent status. <br />During the regular monitoring inspection of the JD-8 Mine conducted on September 23, 2010 the DRMS <br />inspector noted an outstand issue from the last inspection. An inspection on April 2, 2008 noted a stock pile <br />of uranium ore. Some of the original stockpile was removed but 300 to 500 tons of ore remain on site. DRMS <br />requested in 2008 a berm be built around the stockpile to protect it from storm water and contain sediments <br />from the pile erosion. In May of 2008 regulations changed that changed the classification of uranium. The <br />uranium ore is now classified as a toxic material. Prolonged storage and exposure at the surface with no <br />environmental controls creates a condition that represents a potential adverse affect to persons, property, <br />and the environment. Due to the change in the law, DRMS noted the lack of the previously requested berms <br />as a problem during the September inspection and required Cotter to place the berms around the ore pile by <br />no later than November 17, 2010 as a temporary control. DRMS noted the stockpile itself as a problem and is <br />requiring its removal from the surface within 90 days of the first inspection which is January 16, 2011. <br />The inspector notes that the berms are now in place around the ore pile. Berms range from one to two feet <br />around the pile. The operator has cleaned up and re-graded the general stockpile area. Recent precipitation <br />events show minor riling in the area that collectively is directed away from the pile which sits at a slightly <br />elevated position on the pad. At this time the short term measures are adequate to contain any sediment <br />until the pile is removed. The operator stated that two options are being evaluated to comply with the DRMS <br />requirement that the ore pile be removed from the mine surface by the compliance date noted. <br />Inspection Contact Address <br />Glenn Williams <br />Cotter Corporation <br />P.O. Box 700 <br />Nucla, CO 81424 <br />Page 2 of 5