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BOWIE RESOURCES, LLC <br />SEDIMENT POND J CERTIFICATION <br />In accordance with Rule 4.05.9(14), impoundments will be inspected during <br />construction and upon completion of construction by a qualified registered professional <br />engineer or other qualified professional specialist under the direction of a professional <br />engineer. This certification is for the re-construction of the Pond J located at the Bowie <br />No. 2 Mine. <br />An as-built certification for Pond J was submitted to the DRMS by minor revision <br />number 91. The DRMS approved the minor revision on September- 11, 2008 thus it <br />?` approved-the as=built-certification.- This-written-tertification-is provided-so-a-certificatio <br />statement is readily available for review by the DRMS and others. <br />The construction of the pond was supervised and inspected numerous times by J. E. <br />Stover, P.E. I have a wide variety of experience in the design and construction of earth <br />fill embankments and impoundments. Nothing was observed during the inspections <br />that would indicate the pond has a potential for failure. There was no appearance of <br />erosion, instability, structural weakness or other hazardous conditions. There are no <br />required monitoring procedures or instrumentation other than quarterly and yearly <br />inspections. There are no aspects which might affect stability and there is no required <br />maintenance. There was no water impounded during the final inspection. <br />To the best of my knowledge and belief, the sediment pond was constructed in <br />accordance with the approved plan during June, and July of 2008. The design of the <br />sediment pond is shown on drawing 22-J. The as-built capacity of the pond is as <br />follows: <br />POND CAPACITY - ACRE FEET <br />Water Sediment Total <br />2.68 ®®;!0 T?? 3.59 <br />®1 s <br />®io 19230 <br />Jame ,??t9ver Date <br />CoIorada??A9, 0'. 'engineer <br />Registrafc 8.°19230