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For J. A. Kiger April 12, 1996 WEST PIT EXCESS SPOIL FILL CONSTRIICTION UPDATE AND CERTIFICATION On March 29, 1996, 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 topsoil placement and contour. furrows on the fill below the 7250 elevation, inspect the placement of the benchmarks on the 6950, 7050 and 7150 elevations of the fill, inspect the fill for areas of water seepage or surface drainage, inspect the final grade slopes below the 7250 elevation of the Excess Fill Slope, and to satisfy the requirements of CDMG Rule 4.09.1(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 7050 and 7150 elevations had both silted in at the east end where they dump into the surface rock drain. Minor ,~ cutting through the topsoil was noted below the 7150 collection ditch. At the toe of the fill approximately 5-6 gallons per minute of water was running from underneath the fill, 5-6 gallons per minute from under the fill and 0 gallons per minute from the lateral rock drain placed during the summer to drain the pond slide area and 1-2 gallons per minute were running down the surface drain. 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-4, Exhibit 19Ib, and other applicable requirements of the approved permit documents, a portion of CDMG Permit C-81-019. Registered ..