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99 <br />Exhibit 44 <br />Pond designs found 'in ~h~ following Merrick and Company Surface <br />Facilities Earthworks sand Utilities Package were utilized for <br />initial construction 'of the West Elk Mine facilities. Actual pond <br />configurations have ~harige~ over the years following sedimentation <br />and subsequent pond cleerf2iut. In addition, in 1993, Runoff Ponds <br />2 and 3 were extensi~e~y'modified. <br /> <br />