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West Pit Fill Inspection CertiFcation On August 8, 2007, I inspected the area in which the West Pit Excess Spoil Fill is being constructed. The purpose of this inspection was to observe the surface rock drain that borders the 3H:1 V Excess Fill Slope, inspect the areas dumped to final grade below the 7,400 dump elevation, inspect the revegetation on the fill surface, inspect the fill for areas of water seepage or surface drainage, inspect the final grade slopes below the 7,300 elevation of the Excess Fill Slope, and satisfy the requirements of CDMG Rule 4.09.10 (1a) and Rule 4.09.1 (1 b). During the inspection, it was observed that the condition of the fill was good and that no seeps or springs were noted. The collection ditches at the 6,950, 7,050, and 7,150 elevations all were in relatively good shape. The ditch at the 7,250 elevation needs to be completed to the west end of the fill. No flow is evident from the underdrain. All three of the completed terrace ditches showed recent evidence of flow following summer rains. No erosion problems with the ditches were noted. In addition, I reviewed the monument survey data collected September 12, 2007. These data indicate that the elevations of most of the monuments have not significantly changed (typically less than 0.05 feet of elevation change) with the most movement noted in the 7250 West monument (a decrease of 0.10 feet). Based on these data, the total displacement of the monuments is not of concern with regard to the stability of the dump. There was also no evidence of structural weakness or other hazardous conditions associated with this dump. These monument survey data are available for review upon request at the Colowyo Mine site. I am a Registered Professional Engineer in the State of Colorado and a representative of Environmental Solutions, Inc, P. O. Box 2996, Cheyenne, Wyoming. Being familiar with the Colowyo operation and the coal program permitting process in Colorado, the construction activities related to the West Pit Excess Spoil Fill are in conformance, to the best of my knowledge and experience, as specified in pages I a-2 through I a-4, Exhibit 19 I b and other applicable requirements of the approved permit documents, a portion of CDMG Permit C-81- 019. .........._ P ~ CF,y ~i ~~S c. af~f ~ J'~ p ~ al' P~ ~ O '.- 32257 = . ~ ~ :9~13~07: i4•,.sS~ONAI ~~_.dP~~, 9/i3~~ xc: Mr. Kurtis Blunt, Colowyo Coal Company, L.P. cf 17.15.1 2005 cf 24.20 (West Pit)