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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 accordance 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 March 20, 2009, 1 performed the required yearly inspections. I, J. E. Sto\er, have a wide <br />variety experience in the design and construction of earth fill embankments. Nothing was <br />observed during the inspection that would indicate the ponds have a potential for failure. There <br />was no appearance of erosion, instability, structural weakness or other hazardous conditions. <br />- There are-no,regr rfired-monitoring-procedures-or_-instrurner4tation-ather_than-q.uarteriy-and_ye.arl_y, <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 2-feet below <br />the level of the primary spillway at about elevation 6001. 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 />Treatment Pond 0.88 N/A 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 of the treatment pond is calculated based on the surface area shown on <br />drawing 11-4 and an assumed depth of three feet. <br />0®&®® <br />To the best of my knowledge alp ®Iboundments have been maintained as designed <br />and in accordance with the ? c?fpla?-I %opplicable regulations. <br /> <br />W ' Date <br />J4 E. Stover o o ? <br />Flo 1V,rofessiogar sneer <br />00 ?, <br />Regi 0 0 ? ® Q <br />+oo®