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BOWIE RESOURCES, LLC <br />Bowie No. 2 Mine <br />Coal Mine Waste Bank Nos. 1, 2 & 4 Inspections - 4th Quarter 2009 <br />On December 11, 2009, 1 performed a visual inspection of the Bowie No. 2 Mine coal mine <br />waste banks in accordance with Rule 4.10.2. This inspection includes Gob Pile Nos. 1, 2 <br />and 4. <br />I, J. E. Stover, P.E., have a wide variety of experience in the design and construction of earth <br />fill embankments. Nothing was observed during the inspections that would indicate the piles <br />have a potential for failure. The gob disposal areas were snow covered except in active <br />disposal areas. All organic material and topsoil has been removed ahead of the waste bank <br />foundings. The upper diversion ditches were not inspected due to extensive snow cover. <br />A significant amount of the gob pile no. 2 was covered with three feet of cover and one foot <br />of topsoil during the 4`h quarter 2006. Most of the first and second benches were covered. <br />Cover material from gob pile no. 4 is stockpiled on the west side of pile no. 2. Cover material <br />is being removed from the east end of bench number two (pile no. 2) in order to facilitate <br />increasing the slope inclination from 5h:1 v to 3h:1 v. (TR-61) <br />Most of the coal mine waste was generated from the preparation plant. Approximately <br />120,300 tons of gob were hauled to the gob piles. Coal mine waste is to be placed in the <br />pile in approximately horizontal lifts no more than 24-inches thick. The coal mine waste is <br />spread and compactive effort is provided by a self propelled sheepsfoot compactor. Twenty <br />(20) compaction tests were performed during the quarter. A test passes if the test attains at <br />least 90% of the maximum dry density attained in a laboratory compaction test in <br />accordance with ASTM D698. One test failed at the end of last quarter (#4444) and was <br />retested (#4448) during the fourth quarter and passed. Two of the tests failed during the <br />quarter. One of the areas where a test failed (#4449) was reworked, retested (#4454) and <br />passed. One test failed at the end of the quarter (#4469) and will have to be retested during <br />the first quarter 2010. <br />A failure of the gob pile no. 1 would probably not be a hazard to human life. The pile is <br />located above a large flat bench. The bench is approximately 80 to 150-feet wide directly <br />below the pile. Additionally, the gob pile sediment pond is located below the pile. If the coal <br />mine waste bank failed, the material would very likely be contained on the bench below the <br />pile and or within the gob pile sediment pond. <br />A failure of the gob piles no. 2 and 4 would probably not be a hazard to human life. A <br />residential dwelling is located over 300-feet below pile no. 2. The piles are located above <br />Bowie Road. A failure of the piles might damage Bowie Road but would not likely impact the <br />residential dwelling. <br />o0° 0 C7 <br />I certify that to the best of my knowledge and belief, that the fioln Oh?toa?ft is of the coal <br />mine waste banks have been constructed as permitted in thj co P app`i°o ?r the DRMS. <br />o®o?, a ' <br />o Q <br />? 0 0 <br />? u <br />James E. toyer 1 • s- i Date <br />Colorado ° ssional 'Erigi der <br />Registration 49230'i °,o <br />002500