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contain approximately 50 million cubic yazds of material from the initial box-cut for the South Taylor Pit. The fill will have adurable-rock drain that will be build by gravity sorting of dumped overburden materials. The initial construction of the fill will be accomplished by wing-dumping material to establish the base of the fill followed by end-dumping of material to complete the fill. Lifts of no more than 100 feet are proposed for the East Taylor Fill. Colowyo proposes to use terrace ditches to divert water off of the face of the fill and to the relief drains on the side. Additionally, 100-year diversion ditches will route clean-water around the fill. Upon completion of the East Taylor Fill the area will have the topsoil replaced and it will be revegetated per the approved reclamation plan. Temporary overburden stockpile TS West will be located on the top of the East Taylor Fill, in the upper east fork of Taylor Creek. Engineering designs were submitted to verify the stability of the East Taylor Fill with the additional fill material. TS West will contain approximately 30 million cubic yards of material. The fill will be constructed by end dumping the overburden material in no more than 100 foot lifts to form and angle-of-repose pile. The final pile will be approximately 300 feet high, cresting at an elevation of approximately 8,300 feet. Upon the completion of mining in the South Taylor Pit, the material from TS West will be returned to the pit using atruck/shovel operation. The surface (which is the surface of the East Taylor Fill) will then be completed as described above. Temporary overburden stockpile TS East will be located on a previously reclaimed portion of the Section 16 Pit. TS East will contain approximately 135 million cubic yards of material. The fill will be constructed by end dumping the overburden material in no more than 100 foot lifts to form and angle-of-repose pile. The final pile will be approximately 300 feet high, cresting at an elevation of approximately 8,300 feet. Upon the completion of mining in the South Taylor Pit, the material from TS East will be returned to the pit using a truck/shovel operation. The surface will then be regraded, topsoil will be replaced and it will be revegetated in accordance with the approved reclamation plan. VIII. Coal Mine Waste Banks -Rule 4.10 Colowyo has no coal processing waste banks. IX. Coal Mine Waste -Rule 4.11 No water is used in the coal processing operation, except for dust suppression, and no coal processing waste is produced. Non-coal waste is placed in the backfill of pits in a manner consistent with the requirements of Rule 4.11.4. X. Slides and Damage -Rule 4.12 The Permit is found to be in compliance with Rule 4.12. Because of the mining technique used, Proposed Decision and Findings of Compliance 4 May 2007 Perini[ Revision 02 Page 48