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Colowyo Coal Company, L.P. 5731 State Highway l3 /~ Kennecoi't' Meeker, Colorado 81641 / (970)824_,570 ` E (970) 824-1598 FAX - nergy 0 Stephen R. Hinkemeyer /~. r~-~.~~ Colow u Coal Com an L P `°' Technical Services Manager y p y . . ___ ______JJJ FOR: File January 13, 2003 West Pit Fill Inspection Certification On December 30, 2002, 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 7400 dump elevation; 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 4.09.1(11 a). 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. Some evidence of surface water run-off in the surface drain was evident; no water was seen in the under-drain or the lateral drain. Some water was evident in the toe drain to the west of the fill area at less than 0.1 gallons per minute. 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 la-2 through la-4, Exhibit 191b, and other applicable requirements of the approved permit documents, a portion of CDMG Permit C-81-019. 2. Hinkemeyer V a o'; ~''~ Registered P.E. 25435"; 25436 Date: CF 4.5.1 2002