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BOWIE RESOURCES, LLC Bowie No. 2 Mine New Coal Mine Waste Bank Inspection - 4th Quarter 2005 On four 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 December 8, 2005. 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 wet during the final inspection. All organic material and topsoil has been removed ahead of the waste bank founding. The upper diversion ditch was inspected with no problems noted. During the second quarter 2005, the slope inclination of the second lift was flattened to 5H:1 V and the first lift was flattened to 2.5H:1 V. The elevation of the top of the pile is sloped from south to north. The south side of the pile is approximately at the level of the second bench (6060+). The north side of the pile is 15 to 20 feet higher. The east side of the pile is lower at about elevation 6040. The large rock drain was not extended during the quarter. Most of the coal mine waste was generated from the preparation plant. Approximately 57,000 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 18 compaction tests were taken on the pile. Two tests failed and will not be retested until the first quarter of 2006. 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 by the DMG. o~f~' RECE9\/E6~ JAN 2 3 2006 Jarv(es E.` P.E. No. 1 ~y~~esign a{groved SEG/Ste . of erts~Oof. ~® G, o~°, Date