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December 8, 2006 <br />For: File <br />Re: Colowyo Coal Company L.P. (C-81.019) <br />West Pit Fill Inspection Report and Certication <br />Fourth Quarter, 2006 <br />West Pit Fitl Construction Report <br />During the quarter, I inspected the area in which the West Pit Excess Spoil Fill is being <br />constructed. The purpose of this inspection was to inspect the fill surface for vegetative efforts, <br />inspect the fill for areas of water seepage or surface drainage, and satisfy the requirements of <br />CMDG Rule 4.09.1 (11 a). <br />During the quarter, no progress was made on the West Pit Fill. No overburden was hauled to <br />backfill in the West Pit due to spoil room constraints. No sloping to foal grade occurred. No <br />reclamation seeding was done during the quarter. No seepage was evident in the surface drain <br />or underdrain during the quarter. <br />Attached to this report is my certification that all construction requirements have been met thus far <br />in constructing the Wesf Pit Excess FiII. <br />Tom Peterson <br />President <br />zc: Mr Kurtis Blunt, Colowyo Coal Company <br />