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July 17,2012 C-1981-008/New Horizon Mine MLT Inspection Topic Summary NOTE: Y=Inspected N=Not Inspected R=Comments Noted V=Violation Issued NA=Not Applicable R -Air Resource Protection Y - Roads R -Availability of Records R - Reclamation Success R -Backfill& Grading R - Revegetation NA - Excess Spoil and Dev. Waste NA - Subsidence R - Explosives NA - Slides and Other Damage R - Fish & Wildlife Y - Support Facilities On-site R -Hydrologic Balance R - Signs and Markers R - Gen. Compliance With Mine Plan NA - Support Facilities Not On-site R - Other R - Special Categories Of Mining NA - Processing Waste R - Topsoil COMMENTS This was a Complete Inspection of the New Horizon Mine conducted by Marcia Talvitie of the Division. The inspection began at 1:30 p.m. on Tuesday, July 17, 2012, and was completed on Wednesday, July 18, at 11:00 a.m. Skies were clear and the weather was warm. Ross Gubka was on-hand to represent the operator, Western Fuels-Colorado, LLC (WFC), and to escort me on the field portion of the inspection. PERMITTING UPDATE: • SL-13: The bond release inspection for SL-13 has been scheduled for Tuesday, August 14, 2012 beginning at 9:00 a.m. • NH1 Mine: The Division formally issued a permit for WFC's New Horizon North Mine on June 20, 2012. The new mine incorporates the remnant acreage of the New Horizon Mine No. 1 area (a.k.a. the Rice Tract). In order to release this area from the New Horizon Mine permit, a Permit Revision will be required. • We discussed potential strategies for upcoming revisions. Due to the various issues associated with the Morgan property, including prime farmlands and the current judicial review of PR-6, the Division's preferred alternative is to keep revisions that affect the Morgan property separate from those that address other areas within the permit. This may not always be feasible, but it is encouraged wherever possible. • I provided Mr. Gubka with a copy of the split sample results produced by OSM's laboratory for the soil sampling conducted on the Morgan property in December 2011. It appears that, on average, the EC results reported by the OSM lab are 0.7 mmho/cm lower than those reported by the Key-Ag lab. • We spent some time discussing the subjects of approximate original contour, approved post- mining topography, and as-built post-mining topography. I provided Mr. Gubka with a copy of the Division's July 16, 2012 review letter regarding this issue (the mine had not yet received the hard copy that was mailed). Number of Partial Inspection this Fiscal Year: 1 Number of Complete Inspections this Fiscal Year: 1 Page 2 of 13