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Zuber, Rob <br />From: efcoal@qwestoffice.net <br />Sent: Tuesday, June 01, 2010 5:09 PM <br />To: Zuber, Rob <br />Subject: Kerr (Mary) mine inspection 04-19-2010 & 05-04-2010 <br />Follow Up Flag: Follow up <br />Flag Status: Flagged <br />Rob Zuber, DRMS, P.E. <br />This is in regard to the Kerr (Marr) mine monthly inspections of 04-19-10 and 05-04-10 and our recent phone <br />discussion pursusnt to the inspections. <br />I have informed our contract engineer, Brian Len, P.E., of NWCC that the small body of water adjacent to the <br />entrance gate at the Kerr Loadout site is not a "designed" pond. In his annual inspection (April) Mr. Len <br />referred to the water as a "pond". That water body is fed from irrigation ditch from the neighboring Wild Life <br />Refuge and flows on along the north perimeter of the Kerr Loadout for neighboring ranches use down stream. <br />Tipple Pond primary discharge: Due to the small drainage area of the Loadout site, the Kerr Tipple Pond <br />seldom discharges. The small Flume located below the primary outlet of the pond typically has water in it from <br />the saturated low ground sub-irrigated by the same, adjacent irrigation ditch mentioned above. 'Actual' primary <br />discharge is determined by viewing the outlet (discharge) end of the horizontal pipe as it protrudes through the <br />pond embankment. Following our phone discussion, the contractor (Jim Mossman) has hand-dug around the <br />discharge end of the pipe for clearer viewing. Jim inspected the site and reported 'no discharge' on the dates of <br />April 15, April 21 and May 5, 2010. Again, "discharge/no discharge" was determined at the outlet end of the <br />steel horizontal pipe. <br />Maintenance: Primary discharge outlet trench & pond embankment: Kerr intends to backfill/reclaim the Tipple <br />Pond this year (2010) when the water table is lower. However, if the-reclamation of the pond is delayed for <br />some unforeseen reason, Kerr intends to clear the sod from the primary discharge trench and repair the reported <br />rodent holes in the embankment prior to year end. <br />I hope this helps clarify some of our discussion, if I can furnish any further information, please contact me. <br />George V Patterson <br />Gen Mine Mgr. <br />Kerr Coal Company