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BOWIE RESOURCES, LLC Bowie No. 2 Mine New Coal Mine Waste Bank Inspection - 1 ~ Quarter 2006 On six occasions, I performed visual inspections of the Bowie No. 2 Mine coal mine waste bank in accordance with Rule 4.10.2. The final inspection occurred on March 28, 2006. I, J. E. Stover, P.E., have a wide variety of experience in the design and construction of earth fill embankments. Nothing was observed during the inspections that would indicate the pile has a potential for failure. The gob disposal area was dry to damp during the final inspection. All organic material and topsoil has been removed ahead of the waste bank founding. The upper diversion ditch was inspected. The west leg of the upper diversion ditch needs to be completely re-constructed. The east leg of the upper diversion ditch needs to be tied back into the sediment pond. Subsequent inspections during April confirmed required work on the upper diversion ditches had been performed. The elevation of the top of the pile is sloped from south to north. The south side of the pile is above the level of the second bench (6070+). The north side of the pile is about 60 feet higher. The large rock drain was extended during the quarter. Most of the coal mine waste was generated from the preparation plant. Approximately 245,000 tons of gob were hauled to the gob pile. Coal mine waste is to be placed in the pile in approximately horizontal lifts no more than 24-inches thick. The coal mine waste is spread and compactive effort is provided by a self propelled sheepsfoot compactors. Compaction tests were performed throughout the quarter. A total of 33 compaction tests were taken on the pile. All tests passed. The two tests that failed last quarter were retested and passed. A test passes if the test attains at least 90% of the maximum dry density attained in a laboratory compaction test in accordance with ASTM D698. Relative compaction test results are enclosed. A failure of the pile would probably not be a hazard to human life. A residential dwelling is located over 300-feet below the pile. The pile is located above SH-133B. A failure of the pile might damage the state highway but would not likely impact the residential dwelling. I certify that to the best of my knowledge and belief, that the fill and other aspects of the new coal mine waste bank have been constructed as permitted in the design approved by the DMG. ~®,'~°~Q el-~sl~; :s'~stover ; ~ ~ No. 19230 a ~$ i ~.® Imo o ~'`~® c °a~oeooo ~ ~ o o~~AJ{2l„ e~i+e