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OXBOW MINING, LLC <br />ELK CREEK MINE <br />COAL MINE WASTE BANK PROJECT <br />HAUL & CEMETERY ROAD CERTIFICATION <br />The haul road from the beginning near the current bathhouse up around the switchback past the <br />turn off to the cemetery and back down into the Elk Creek drainage was inspected on December <br />12, 2004 by the undersigned. The road appears to have been constructed according to the plans <br />with some field modifications. The reinforced earth fill with riprap below the cemetery was <br />modified dimensionally to fit the area but generally followed the intent of the plans. This <br />installation has been successful to date as it was first built in 1998 and the slope appears to be <br />stable. <br />The access to the Somerset Cemetery has been realigned to accommodate the new water <br />treatment building and storage tank. The road appears to be a suitable alternative for design <br />cemetery access as the grades may be slightly less than the original design. <br />I, William P. Balaz Jr., being a Registered Colorado Professional Engineer, to hereby certify that <br />the haul road(s) have been constructed according to the approved plans with so + uuup~~f <br />modifications to the best of my knowledge and beliefs. ~.~~~p~.~•.ES~S, <br />William P. Balaz Jr. I 1 I/ Date <br />Colorado Registered Professio <br />License No. 17129 <br />