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To the best of my knowledge, based upon my professional expertise, <br />the D-Portal Sediment Control Pond at the Deserado Mine has been <br />constructed in conformance with the prudent state-of-the-art of dam <br />construction. Further, the structure has been constructed in <br />compliance with the approved design, as specified within <br />Illustration 7 of the approved permit documents, and depicted on <br />Map 34. <br />I certify, based upon my field observations and professional <br />investigation, as detailed here above, that the D-Portal Sediment <br />Control Pond Structure located at Western Fuels-Utah, Inc, Deserado <br />Mine, in Rio Blanco County, Colorado, has been constructed in <br />compliance with the design approved as a portion of Permit No. C- <br />018-81, issued by the Colorado Mined Land Reclamation Division. <br />Respectfully, <br />~ ~~~4~~ ~~L~ ~Z~/~/~~~/ <br />Michael J. We gand P.E! <br />Mine Manager <br />Colorado Registered P.E. No. 19143 <br />Enclosure <br />MW:pb <br />xc: Mike Weigand <br />Murari Shrestha <br />Jeff Dubbert <br />Tim Chervick <br />File <br />