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Mountain Coal Company, L.L.C. <br />West Elk Mine <br />Annual Certification <br />Fresh Water Pond FW-1 <br />This annual certification is prepared in compliance with Rule 4.05.6(10)(13), <br />and 4.05.9(13) of the Regulations of the Colorado Mined Land Reclamation Board <br />for Coal Mining. <br />Mr. Phil Schmidt, the certifying engineer, has been working in the <br />engineering field for more than 20 years and has experience in the construction and <br />inspection of fills, dams, and embankments. He is a Colorado Registered <br />Professional Engineer. <br />The specifications and the as-built drawings for FW-1 are presented in <br />Exhibit 49 of the Mining and Reclamation Plan, as revised. Fresh Water Poud FW-1 <br />was constructed to store water, pumped from the North Fork of the Gunnison <br />River. FW-1 supplies raw water for potable use, dust suppression, fire suppression, <br />and other mine usage. <br />The pond and embankments were visually inspected for erosion and <br />structural conditions and no problems were observed. <br /> <br />Phil Schmidt ~ $; ~~'" `n.: ; `"o ~j <br />P.E. No. 22845 / ~ " ~° ~ ~ <br />~ ~` ~~aa5 rti:~ i <br />111 Iss'O ~` ~~v ~~ <br />