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//~ Kennecott ~ . Energy Memorandum Co(oayo Coal Company L.P ' FOR: File West Pit Fill Iosaection Certification June 28, 2001 On June 27, 2001, 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 3:1 Excess Fill Slope; inspect the areas dumped to final grade below the 7900 dump elevation; inspect the topsoil replacement placed above the 7250 elevation on the north side of the fill; inspect the re-vegetation on the fill surface and to inspect the fill for areas of water seepage or surface drainage, inspect the final grade slopes below the 7300 elevation of the Excess Fill Slope, and to satisfy the requirements of CDMG Rule 9.09.1(lla). During the inspection it was observed that the condition of the fill was good, no seeps or springs were noted. The collection ditches at the 6950, 7050 and 7150 elevations all were in relatively good shape, although the ditches themselves need to be reseeded. The surface rock drain was dry, the underdrain was not running any water, 1/10th gallons per minute was running from under the west side of the toe drain, 1/10th gallon of water was running from the lateral rock drain placed during the summer to drain the pond slide area. The settlement crack discovered during the recent Phase II bond release inspection was not noticeable during the inspection, however, a recent heavy rainstorm probably temporarily filled the crack. This area will be watched closely over the next several inspectin. A crack was discovered on the ditch outfall on the 7050 ditch. These have been noted as present in previous inspections. They appear to be shallow in depth and have disappeared over time. The weed infestations noted during the same inspection have been addressed. Thistle and Houndstongue appear to be dying from the spraying. I am a mining engineer, registered in the State of Colorado, and experienced in the construction of rock and earthen projects for the purposes of mining activities. To the best of my knowledge, based on my professional expertise the West Pit Excess Spoil Fill has thus far been constructed in conformance with the prudent state-of-the-art methodology for earth and rock fill construction, as specified in pages Ia-2 through Ia-9, Exhibit 19Ib, and other applicable Olguirements :o,,f'"th\e\`\`~~~~~y/ed permit documents, a portion of CDMG Permit C-81- n Q[n. /i._ 254~~10RegisterednPeE~y25936