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BOWIE RESOURCES, LLC <br />BOWIE NO. 2 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 Bowie No. 2 Mine. <br />On March 20, 2009, 1 performed the required yearly inspection. 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 other than monthly and yearly inspections. There are no aspects <br />which might affect stability. <br />Pond B had a pool of water about 6-feet below the emergency spillway at approximate <br />elevation of 5946, two feet deep. Because of the water level in the pond, it is not <br />possible to determine the sediment level. It is estimated that Pond B has about 75% of <br />its sediment capacity remaining. <br />The water level of Pond C was about 5-foot below the elevation of the emergency <br />spillway at approximate elevation of 5995. Because of the water level in the pond, it is <br />not possible to determine the sediment level. It is estimated Pond C has had a 25% <br />sediment build-up since it was cleaned out. <br />Pond D had a pool of water standing at the elevation of the primary spillway at <br />approximate elevation of 5975. It is estimated Pond D has had a 0% sediment build-up <br />since it was cleaned out. <br />Pond J was dry to damp with no apparent sediment build-up. <br />Pond K was damp to muddy with an estimated 25% sediment build-up. <br />Pond F had about 2 foot of standing water at approximate elevation 5946 with an <br />estimated sediment build-up of 30%.