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. The as- built, permanent pond, storage capacity evaluation, approved by CDRMS as part of Seneca H <br />Mine Technical Revision No. 51 (TR -51) in October 2009, was supervised and certified by Mr. <br />Michael W. Ludlow, Colorado Professional Engineer, No. 26046. <br />Certification Statement <br />The earthen impoundment, principal spillway, emergency spillway and pond configuration are pre- <br />existing. The original design, as -built plans and modifications were prepared under the supervision of <br />others. Pond 004 was originally constructed by Seneca Coal Company and certified by Ronald J. <br />Gehrke, a Colorado registered professional engineer (P.E. No. 19959) experienced in the design and <br />construction of earthen structures. The design and construction of the replacement principal spillway, <br />an 8 -inch plastic corrugated straight pipe, approved by CDRMS as part of Seneca II Mine Technical <br />Revision No. 37 in October 2005, was supervised and certified by Robert J. Shevling, Colorado <br />registered Professional Engineer, No. 37382. The as- built, permanent pond, storage capacity <br />evaluation, approved by CDRMS as part of Seneca II Mine Technical Revision No. 42 (TR -42) in <br />September 2007, was supervised and certified by Mr. David A. Hettinger, Colorado Professional <br />Engineer, No. 18406. <br />I am a registered professional engineer in the State of Colorado experienced in the design, construction <br />and operation of earthen structures. I have reviewed the as -built documents and inspected the site. <br />• Drawing Sediment Pond 004 As -Built presents the existing configuration of the pond. This as -built <br />report includes the Seneca H Mine TR -51 SEDCAD4 Demonstration which presents the TR -42 <br />sediment storage capacity calculations, the existing, as -built configuration (TR -37) and the August <br />2009 watershed areas (TR -51). It is in my opinion, based on the original design assumptions, as found <br />in the Seneca II Mine Permit in Appendix 7 -6c and the 2005 as -built data, that Pond 004 will meet the <br />requirements of Rules 4.05.6(3)(a), 4.05.9(2)(b) and 4.05.9(2)(c)(ii). <br />\ \\ \0 \ �00EG <br />• S 26046 i <br />LLJ <br />• Mic ael W. Ludl , CO P.E. 26046 <br />f v <br />Date <br />2.05.3 -E2.C6 11/09 <br />