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BEAR COAL COMPANY, INC. <br />BEAR NO. 3 MINE <br />IMPOUNDMENT YEARLY INSPECTION <br />In accordance with Rule 4.05.9(14), all impoundments shall be inspected at least yearly to <br />determine if the impoundment has been maintained as designed, and in accorclance with the <br />approved plan and the applicable regulations. This yearly inspection is for the impoundments <br />located at the Bear No. 3 Mine. <br />On April 4, 2008, I performed the required yearly inspections. I, J. E. Stover, have a wide variety <br />experience in the design and construction of earth fill embankments. Nothing was observed <br />during the inspection that would indicate the ponds have a potential for failure. There was no <br />appearance of erosion, instability, structural weakness or other hazardous conditions. There are <br />no required-monitoring proceduresror-instrumentation otherthan quarterly-and-yearly - - <br />inspections. There are no aspects which might affect stability and there is no required <br />maintenance. ThE; sediment pond was impounding water. The water was about 1-foot below <br />the level of the priimary spillway at about elevation 6002. There was no discharge from the <br />sediment pond. The treatment pond was full and discharging about 10 gallons per minute. The <br />water elevation in the treatment pond was about 6006. <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 />Treatn-rent Pond N/A 0.88 0.88 <br />Notes: <br />1. Sediment capacities are based on as-built pond configuration. Sediment capacities may <br />be less than shown in the table because of interim sediment accumulation. <br />2. The capacity of the sediment pond is presented on drawing 11-3 revised 7-28-93. The <br />capacity o1` the treatment pond is calculated based on the surface area shown on <br />drawing 11-4 and an assumed depth of three feet. <br />®~®~~ <br />To the best of my knowledge®e~ie~®ef{~ oundments have been maintained as designed <br />and in accordance: with the0d`pla`r~~jae plicable regulations. <br />v ®~ ,(,o ~ <br />~ E. Stover ~~ ct``'~ Date <br />Color r~te~sdor~a~o gineer <br />Regis'~rf~l1tR. ~3 <br />®e~o <br />