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March 9, 2012 <br />Mr. Miguel Hamarat <br />Henderson Mine and Mill <br />Climax Molybdenum Company <br />19302 County Road 3 <br />Parshall, CO 80468 <br />Re: Ultimate Canal As -Built Certification <br />Dear Miguel: <br />3700 S. INCA STREET ENGLEWOOD, CO 80110 <br />303-761-4130 FAx 303-761-2802 <br />WWW. WWWH EEL ER. CDM <br />W. W. Wheeler & Associates, Inc. (Wheeler) has been involved throughout the design and <br />construction of the Ultimate Canal at the Henderson Mill. The purpose of this letter is to <br />document that the Ultimate Canal has been constructed in general conformance with the <br />design, with the exceptions noted herein. The design was completed and construction plans <br />and specifications were issued in 2006. The design capacity of the canal system was based <br />on safely conveying the 200 -year snowmelt flood around the tailing storage facility (TSF) <br />without compromising the integrity of the canal or the TSF itself. The canal system includes <br />five spillway structures strategically located along the canal alignment. The intent of the <br />spillway structures is to divert water into the TSF decant pond if the actual canal flows <br />exceed the design capacity. <br />Construction of the canal system took place during the summer construction seasons of <br />2006 and 2007. By the end of July 2007, the construction phase of the project was <br />essentially complete. A Project Closeout Report that provides a discussion on the design <br />philosophy and a summary of construction was prepared and issued by Wheeler following <br />completion of construction. That phase of construction was substantially completed in <br />accordance with the design drawings and specifications. A complete set of records <br />drawings (as- builts) was submitted to Henderson in December 2007. <br />During the canal commissioning phase in 2008 and 2009, Henderson construction crews <br />completed several minor modifications to the canal system, primarily to mitigate erosion and <br />sloughing of the cut and fill slopes on outer banks of the canal. The canal was placed into <br />