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this structure meets or exceeds the Rules and Regulations of the Colorado Mined Land Reclamation Board. <br />The structure is stable, and displays no evidence or indications of slope instability. <br />To the best of my knowledge, based on my professional expertise, and to the extent possible, Pond 012A at <br />the Yoast Mine was constructed in accordance with the prudent standard practice methods for earthen <br />embankment construction. Further, the structure was constructed in general compliance with the approved <br />design, to the extent possible, as specified in Seneca Coal Company's approved mine permit. <br />Conclusion <br />Sedimentation Pond 012A appears to meet or exceed the design and performance requirements of the <br />Colorado Mined Land Reclamation Board. It is our understanding that Seneca Coal Company will inspect <br />the pond quarterly to evaluate structural integrity, storage capacity conditions and remedial work <br />requirements in accordance with the approved mine permit. Therefore, pursuant to Rule 4.05.9(14), the <br />above is the Sedimentation Pond 012A as-built certification report. <br /> <br />• <br />Job Number: 07-7600 NWCC, Inc. Page 3