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Knight Piesold <br />CONSULT 1 N O <br />September 28, 2005 <br />For: File <br />Knight Piesold and Co. <br />1050 Seventeenth Street, Suite 450 <br />Denver, Colorado 80265-2011 <br />U.S.A. <br />Telephane(303) 629-8788 <br />Te[efax (303) 629-8789 <br />Re. Colowyo Coal Company L.P. (0-81-019) YOUR REFERENCE <br />West Plt Flll II1SpeetlOn Report and CertlflcatlOn OUR REFERENCE <br />Third Quarter, 2005 <br />West Pit Fill Inspection Certification <br />On September 21, 2005, I inspected the area in which the West Pit Excess Spoil Fill is being <br />constructed. The purpose of this inspection was to observe the surface rock drain that borders the <br />3:1 Excess Fill Slope; inspect the areas dumped to final grade below the 7,400 dump elevation; <br />inspect the revegetation on the fill surface and inspect the fill for areas of water seepage or surface <br />drainage; inspect the final grade slopes below the 7,300 elevation of the Excess Fill Slope; and <br />satisfy the requirements of CDMG Rule 4.09.1(1 la) and Rule 4.09.1 (1lb). <br />During the inspection, it was observed that the condition of the fill was good and that no seeps or <br />springs were noted. The collection ditches at the 6,950, 7,050, and 7,150 elevations all were in <br />relatively good shape. The ditch at the 7,250 elevation needs to be completed to the west end of the <br />fill. No water was evident in the surface drain or underdrains. <br />In addition, I reviewed the monument survey data. These data indicate that the elevations of most <br />of the monuments have not significantly changed (less than 0.1 feet of movement) with the most <br />movement noted in the 7,250 east monument (0.07 feet). Based on these data, the total displacement <br />of the monuments is not of concern with regard to the stability of the dump. There was also no <br />evidence of structural weakness or other hazardous conditions associated with this dump. These <br />monument survey data are available for review upon request at the Colowyo Mine site. <br />I am a Registered Professional Engineer in the State of Colorado and a representative of Knight <br />Piesold and Co., 1050 Seventeenth Street, Suite 450, Denver, Colorado 80265-2011. Being familiar <br />with the Colowyo operation and the coal program permitting process in Colorado, the construction <br />activities related to the West Pit Excess Spoil Fill are in conformance, to the best of my knowledge <br />and experience, as specified in pages la-2 through la-4, Exhibit 191b and other applicable <br />requirements of the approved permit documents, a portion of CDMG Permit C-81-019. <br />xc: Mr. Kurtis Blunt, Colowyo Coal Company, L.P. <br />cf 17.15.1 2005 <br />