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To the best of my knowledge, based upon my professional expertise and to <br />the extent possible, this sedimentation pond at the Nucla Mine was <br />constructed in accordance with the prudent state-of-the-art of earthen <br />embankment construction. Further, the structure was constructed in <br />compliance with the approved design, to the extent possible, as <br />specified in Tab 13, Attachment C of Peabody Coal Company's approved <br />mine permit. Minor field adjustments in horizontal and vertical <br />alignment were necessary during construction to compensate for <br />unanticipated natural conditions, achieve the necessary storage <br />capacity, limit the disturbed area, and construct a structure consistent <br />with the existing and reclaimed topography. To the best of my knowledge <br />and belief, field adjustments made during construction to the structure <br />are in conformance with the Rules and Regulations and the intent of the <br />approved ~,,~~~~.~.~"y~~.a, s and specifications (see Exhibit 13-13A). <br />s`S~?PRr•y~h~r~a <br />~, IST <br />'G <br />~ .Q R. F, ; g ~~a <br />~ ~Q:;. ~d ~ ~0~ ~ ~~ ~- APR 1 <br />Date <br />. Colora:~{jNk~C~Qp_ <br />4~,.Oli'' r n~Q_ <br />Conclusion <br />Sedimentation Pond 002 does meet or exceed the design and performance <br />requirements of the CMLRD's regulations. Peabody will inspect the pond <br />quarterly to evaluate structural integrity, storage capacity, <br />conditions, and remedial work requirements in accordance with the <br />approved mine permit. Therefore, pursuant to Rule 4.05.6(7), the above <br />is Sedimentation Pond 002 as-built certification report. <br /> <br />7 <br />