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<. <br />East Taylor Fill Inspection Certification <br />On February 24, 2009 and again on March 25, 2009, 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 the <br />underdrain trench construction and subsequent fill placement. This inspection is necessary to <br />satisfy the requirements of CDMG Rule 4.09. 10 (1 a) and Rule 4.09.1 (1 b). <br />All topsoil stripping within the footprint of the B-B' and C-C' underdrain areas was completed prior to <br />this quarter. No construction progress occurred during the previous quarter. <br />C-C' Underdrain Area: As of the date of this report, all of the rock placement is completed, and all <br />of the trench has been covered with fabric. <br />B-B' Underdrain Area: Construction of the B-B' underdrain has been completed by Anson <br />Excavation. As of the date of this report, all rock placement is completed, and all of the trench has <br />been covered with fabric. No excavation or other work below the confluence with the A-A' trench is <br />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 and <br />upper portions of the C-C' underdrain as well. The A-A' underdrain has not been started. Design <br />requirements for the spoil pile are addressed in Volume 13, Exhibit 21, Item 1, Introductory Letter. <br />Inspection requirements during construction are further detailed in Volume 12, Section 4.09. <br />I 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 activities <br />related to the East Taylor Fill are in conformance, to the best of my knowledge and experience, as <br />specified in the Introductory pages and the associated report found in Volume 13, Exhibit 21, Item 1 <br />and other applicable requirements of the approved permit documents, a portion of CDMG Permit C- <br />81-019. __....-__ <br />O <br />sp <br />U : 32257 Z <br />0% 0 <br />00 .0 <br />/0NN- 5r.601 <br />32257 <br /> <br />xc: Mr. Kurtis Blunt, Colowyo Coal Company, L.P. <br />cf 17.15. <br />cf 24.20 (East Taylor Fill)