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Colowyo Coal Company, L.P. 5731 State Highway 13 / /~ Kennecott Meeker, Colorado 81641 (970) 824-1570 ~ .Energy (970) 824-1598 FAX ~'~ Stephen R. Hinkemeyer ~,~.~ Co(o~-yo Coal Conf~any L.P. '`-~°" Technical Services Manager FOR: File October 6, 2003 West Pit Fill Inspection Certification On September 26, 2003, I inspected the area in which the West Pit Excess Spoil Fill is being constructed. The purpose of this inspection was to observe the suiface 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. The ditch at the 7250 elevation needs to be completed to the west end of the fill. No water was evident in the surface drain, under drain, or the upper French drain. Some water was evident at less than 0.1 gallons per minute from the toe 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 la-2 through la-4, Exhibit 191b, and other applicable requirements of the approved permit documents, a portion of CDMG Permit C-81-019. Colorado Registered CF 4.5.1 2003