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HONEYWOOD COAL COMPANY HAMILTON MINE IMPOUNDMENT INSPECTION In accordance with Rule 4.05.9(14), impoundments wilt be inspected during construction and upon completion of construction by a qualified registered professional engineer or other qualified professional specialist under the direction of a professional engineer. This certification is for the repair of the embankment of Sediment Pond B located at the Hamilton Mine. During a routine partial inspection performed by the DMG on January 26, 2005, it was noted that settling and erosion of material along the spillway had breached the embankment of Pond B. On January 26, 2005, the DMG issued the Operator a Notice of Violation (CV-2005- 001)for failure to construct and/or maintain the embankment for Pond B as necessary to ensure integrity and stability of the pond embankment. The abatement steps were to excavate the failed portions of the embankment and reconstruct the embankment in accordance with approved designs and the applicable requirements of Rules 4.05.6, 4.05.9(1), 4.05.9(6), 4.05.9(7), and submit a P.E. certification of the reconstructed pond embankment in accordance with rule 4.05.9(14) to the DMG by February 22, 2005. The pond was first dewatered beginning on January 28, 2005. It took approximately five days to dewater the pond. After the pond was dewatered to an acceptable point, the failed portions of the pond embankment were excavated and then reconstructed in accordance with the approved designs and applicable rules with one exception. Anew six inch diameter primary spillway pipe was installed in lieu of the four inch diameter pipe shown on the drawings. An anti-seep collar was installed on the pipe. The reconstruction of the pond embankment was completed on February 4, 2005. On February 4, 2005, I performed the final inspection of the reconstructed pond embankment. I, J. E. Stover, have a wide variety of experience in the design and construction of earth fill embankments. Nothing was observed during the inspection that would indicate the pond has a potential for failure. There was no appearance of erosion, instability, structural weakness or other hazardous conditions. There are no required monitoring procedures or instrumentation other than quarterly and yearly inspections. There are no aspects which might affect stability and there is no required maintenance. The sediment pond had water at the invert of the primary spillway at approximate elevation of 5811. The sediment pond has the following estimated capacity assuming no sediment build- up: ~-