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BEAR COAL COMPANY, INC. <br />BEAR N0.3 MINE <br />IMPOUNDMENT YEARLY INSPECTION <br />In accordance with Rule 4.05.9(14), all impoundments shall be inspected at least yearly <br />to determine if the impoundment has been maintained as designed, and in accordance <br />with the approved plan and the applicable regulations. This yearly inspection is for the <br />impoundments located at the Bear No. 3 Mine. <br />On March 29, 2002, I performed the required yearly inspections. I, J. E. Stover, have a <br />wide variety experience in the design and construction of earth fill embankments. <br />Nothing was observed during the inspection that would indicate the ponds have a <br />potential for failure. There was no appearance of erosion, instability, structural <br />weakness or other hazardous conditions. There are no required monitoring procedures <br />or instrumentation. There are no aspects which might affect stability and there is no <br />required maintenance. The sediment pond was impounding water but the water was <br />below the level of the primary spillway. There was no discharge from the sediment <br />pond. The treatment pond was full and discharging about 20 gallons per minute. <br />The ponds/impoundments have the following approximate capacities: <br />IMPOUNDMENT CAPACITIES -ACRE FEET <br /> Water Sediment Total <br />Sediment Pond 0.75 0.15 0.90 <br />Treatment Pond N/A 0.88 0.88 <br />Notes: <br />Sediment capacities are based on as-built pond configuration. Sediment <br />capacities may be less than shown in the table because of interim sediment <br />accumulation. <br />2. The capacity of the sediment pond is presented on drawing 11-3 revised 7-28- <br />93. The capacity of the treatment pond is calculated based on the surface area <br />shown on drawing 11-4 and an assumed depth of three feet. <br />To the best of my knowledg~°I~je~, the impoundments have been maintained as <br />designed and in accordaga ~,€pved plan and applicable regulations. <br />g ~ , Z <br />Date <br />