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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 4.05.9(10) and <br />4.0506(13) of the Regulations of the Colorado Mined Land Reclamation Board for <br />Coal Mining. <br />Mr. Phil Schmidt, the certifying engineer, has been working in the <br />engineering field for more than 18 years and bas 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 Pond 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. FW-1 was lined with an HDPE liner in 1998. <br />The pond and embankments were visually inspected for erosion and <br />structural conditions and no problems were observed. <br />Phil S ° Ri~r~~ltf <br />~, . ~ .', ~~ ~I <br />/ ,.._ j <br />•:~:. `, <br />-. <br />Date <br />