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<br />?r <br />1`0`0 MINING ILL <br />THIRD QUARTER 2009 <br />ENGINEERING INSPECTION <br />EAST YARD, WEST VALLEY FILL AND II WEST <br />COAL MINE WASTE DISPOSAL PILES <br />The approved Oxbow Mining, LLC (OMLLC) Mine permit includes a requirement for quarterly inspections of <br />coal mine waste piles for stability. The inspection is to be performed by a registered engineer or other qualified <br />professional specialist, who is experienced in the construction of earth and rockfill embankments. On <br />September 25, 2009 visual inspections were performed of the East Yard, West Valley Fill and II West coal <br />mine waste disposal areas. Three successful compaction tests were performed during the quarter on September <br />17, 2009. Copies of the tests are attached herein for the Division's information. <br />EAST YARD - The East Yard disposal area has reached its design capacity, and no new waste material has <br />been placed since June of 2001. The revegetated slope was inspected for signs of erosion or instability and <br />vegetation establishment. No erosional features were noted requiring repairs to revegetated areas. The covering <br />of the waste pile is considered complete. Nothing was observed during the inspection that would indicate the <br />pile has a potential for structural failure. <br />WEST VALLEY FILL - During the third quarter, no waste was hauled to the West Valley Fill area. The <br />elevation of the waste pile was surveyed at the approximate 6231' elevation. This existing waste will be <br />rehandled to II West at a later time. <br />The revegetated outslope located between the fill slope toe to the approximate 6200' elevation was inspected <br />for signs of erosion and instability. No erosional features were noted requiring repairs to any vegetated areas. <br />The third bench (approximate 6200' elevation) setback remains established for the final lift of waste material <br />and the ramp constructed on the waste pile to provide access to the II West Coal Refuse Facility light use road <br />and haul road. These two roads continue to be utilized. No springs or seeps were noted. Surface drainage <br />control features are performing according to the plan. Nothing was observed during the inspection that would <br />indicate the West Valley Fill has a potential for structural failure. <br />III WEST - The II West disposal area received approximately 1,910 CY of additional coal mine waste material <br />during the third quarter of 2009. The elevation of waste material is at the approximate 6098' elevation. The <br />material has been worked to meet compaction requirements. No springs or seeps were noted. Surface drainage <br />control features are performing according to the plan. The recent fall seeded areas remain stable and initial <br />vegetative establishment considered good. Nothing was observed during the inspection that would indicate the <br />11 West Fill has a potential for structural failure. <br /> <br />Inspected by James VKiger <br />Ze f <br />s % 71Z <br />ia <br />Thomas C. Anderson Date <br />Colorado Licensed Professional Engineer No. 14726 <br />3,737 Hwy 133 • RO Box 535 a Sornerse.t, Colorado 81434 (!SA <br />FEL (970) 929-51 22 • FAX (970) 929-51 7 7