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BOWIE RESOURCES, LLC Bowie No. 2 Mine Oki Coa! Mine Waste Bank Inspection - 3rtl Quarter 2006 On September 28, 2006 I performed the required quarterly visual inspection of the Bowie No. 2 Mine coal mine waste bank in accordance with Rule 4.10.2. 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 inspection that would indicate the pile has a potential for failure. The gob disposal area was dry to damp. All organic material and topsoil has been removed ahead of the waste bank founding. The upper diversion ditch was inspected with no problems noted. The construction of the pile has progressed above the fourth terrace (=6130'). The out slopes of the lower three terraces have been covered. The depth of cover has not been verified. Most of the coal mine waste was generated from the mine. Approximately 300 tons were hauled to the pile during the quarter. 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 compactor or afront-end loader. No compaction tests were taken during the quarter. A test passes rf the test attains at least 90% of the maximum dry density attained in a laboratory compaction test in accordance with ASTM D698. A failure of the pile would probably not be a hazard to human life. The pile is located above a large flat bench. The bench is approximately 80 to 150-feet wide directly below the pile. Additionally, the gob pile sediment pond is located below the pile. If the coal mine waste bank failed, the material would very likely be contained on the bench below the pile and or within the gob pile sediment pond. I certify that to the best of my knowledge and belief, that the fill and other aspects of the old coal mine waste bank have been constructed as permitted in the design approved by the DMG. i, j