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East Taylor Fill Inspection Certification <br />On December 8, 2008 and December 31, 2008, 1 inspected the area in which the East Taylor <br />Excess Spoil Fill is being constructed. The purpose of this inspection was to observe status of <br />the underdrain trench construction and subsequent fill placement. This inspection is <br />necessary to satisfy the requirements of CDMG Rule 4.09. 10 (1a) and Rule 4.09.1 (1b). <br />All topsoil stripping within the footprint of the B-B' and C-C' underdrain areas was completed <br />prior to this quarter. No construction progress occurred during the previous quarter. <br />C-C' Underdrain Area: During the first quarter of 2008 (week of January 28, 2008), the C-C' <br />underdrain trench and a lateral drain were excavated by dozer. Moisture resulting from the <br />spring snowmelt subsequently resulted in localized slumping which necessitated re- <br />excavation of the entire underdrain trench and lateral drain prior to rock placement. In July, <br />2008, excavation of the C-C' trench was restarted and subsequently completed. Construction <br />of the trench, along with rock placement, was being performed by the mine's road crew. <br />Fabric placement was being done by Anson Excavation. As of the date of this report, all of <br />the rock placement is completed, and all of the trench has been covered with fabric. <br />B-B' Underdrain Area: Construction of the B-B' underdrain was being performed by Anson <br />Excavation. Trench excavation, rock placement, and fabric placement was started in the Third <br />Quarter. As of the date of this report, all of the rock placement is completed, and all of the <br />trench has been covered with fabric. No excavation or other work below the confluence with <br />the A-A' trench is taking place as of the date of this report. <br />Fill placement within portions of the spoil pile footprint is in progress. This includes lower, mid <br />and upper portions of the C-C' underdrain as well. The A -A! underdrain has not been started. <br />Design requirements for the spoil pile are addressed in Volume 13, Exhibit 21, Item 1, <br />Introductory Letter. Inspection requirements during construction are further detailed in <br />Volume 12, Section 4.09. <br />1 am a Registered Professional Engineer in the State of Colorado and a representative of <br />Environmental Solutions, Inc, P. O. Box 2996, Cheyenne, Wyoming. Being familiar with the <br />Colowyo operation and the coal program permitting process in Colorado, the construction <br />activities related to the East Taylor Fill are in conformance, to the best of my knowledge and <br />experience, as speed in the Introductory pages and the associated report found in Volume <br />13, Exhibit 21, Item 1 and other applicable requirements of the approved permit documents, a <br />portion of CDMG Permit C-81-019. -2922226- <br />#v 0 L /CF 51, <br />Cj 19 <br />32257 ;-A <br />i..S?ONAL E?G <br />THOMAS C PETERSON <br />P.E. No. 32257 <br />i /? z I o,9 <br />DATE