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BOWIE RESOURCES, LLC Bowie No. 2 Mine Coal Mine Waste Bank Nos. 1, 2 & 4 Inspections -2nd Quarter 2007 On three occasions, I performed visual inspections of the Bowie No. 2 Mine coal mine waste banks in accordance with Rule 4.10.2. The final inspection occurred on September 28, 2007. This inspection includes Gob Pile Nos. 1, 2 and 4. 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 piles have a potential for failure. The gob disposal areas were damp to wet in the active areas. All organic material and topsoil has been removed ahead of the waste bank foundings. The upper diversion ditches were inspected with no problems noted. No work was performed on the rock drains during the quarter. A rock drain is not required at gob pile no. 4. A significant amount of the gob pile no. 2 was covered with three feet of cover and one foot of topsoil during the 4`h quarter 2006. Most of the first and second benches were covered. Cover material is being stockpiled on the west side of pile no. 2. Most of the coal mine waste was generated from the preparation plant. Approximately 85,000 tons of gob were hauled to the gob piles. 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. Compaction tests were performed during the quarter. A total of twenty nine compaction tests were taken on the piles on ten separate occasions. Seven of the tests failed. The areas where tests failed were reworked. All of the reworked areas were retested and passed. Additionally, last quarter one area that had failed had not been reworked and tested. The area was retested during the quarter and passed (test 135). 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 gob pile no. 1 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 belowthe pile. If the coal mine waste bank failed, the material would very likely be contained on the bench belowthe pile and orwithin the gob pile sediment pond. A failure of the gob piles no. 2 and 4 would probably not be a hazard to human life. A residential dwelling is located over 300-feet below pile no. 2. The piles are located above Bowie Road. A failure of the piles might damage Bowie Road 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 coal mine waste banks have been constructed as permitted in tt~e~ggproved by the DRMS. iDLJ~ E. Stover a ~e Date ~. 19230 0" 4`"~ a ~ o ~ • S'•~oaaao° ~~~e1 ~:~QNAL E.•