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6J A statement of compliance with prudent state-of--the-art 7) A statement of compliance with the approved mine plan and permit specifically referencing appropriate portions of the permit documents (plans, maps, and text) 8) A seal or facsimile for registered Professional Engineers and Professional Land Surveyors presenting the professional's license number. Certifications are only legal when performed by professionals properly licensed within the State of Colorado. 9) An original signature of the certifying professional on all copies submitted to the Division or retained at the mine site for examination by inspection personnel or the public. Certifications which are submitted in unacceptable form will not be accepted by the Division. Certifications which have been conducted in the past but do not meet the requirements of the regulations must be redone. Operators are advised to examine this information and do an internal check of all structures at their mine site in order to determine whether they have been appropriately certified. The operator's attention is drawn to Colorado Statute CRS 34-33-123 (11J which states, "Whoever knowingly makes a false statement, representation, or certification or knowingly fails to make any statement, representation, or certification in any application, record, report plan, or other document filed or required to be maintained pursuant to this article or any order or decision issued by the board or Division under this article shall, upon conviction thereof, be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than one year or by both such fine and imprisonment." Signed by David Shelton, Division Director, July 13, 1984 In particular, Lorencito Canyon pond certifications lack detail required by 2) and 7) above. No reference to the Rule(s) requiring certification was found on any of the pond as-built certifications. Although the current as-built certification(s) contain the phrase "Design plans for sediment pond number XXX have been reviewed..." no specific reference to the appropriate pond design was found on any of the pond as-built certifications. The design should be specifically referenced or identified by Exhibit number, figure name and number, date, appendix, etc. for each pond. Generic reference to "design plans" do not provide enough detail to determine what information the engineer is comparing to the completed structure in the field. In addition to these flaws, specific errors or omissions are noted for each pond below. Pond 6a • Sediment volume should be stated • Observations regarding spillway sizing and construction are absent Pond 7a (reconstructed) • Combined embankment slope is steeper than 5:1 • Observations regarding spillway sizing and construction are absent • Principle spillway crest is 1.5 feet higher than emergency spillway crest • Sediment volume should be stated as volume below lowest set of holes • Contours on drawing are not labeled