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To the best of my knowledge, based upon my professional expertise and to <br /> the extent possible, this sedimentation pond at the Nucla Mine was <br /> constructed in accordance with the prudent state-of-the-art of earthen <br /> embankment construction. Further, the structure was constructed in <br /> compliance with the approved design, to the extent possible, as <br /> specified in Tab 13, Attachment C of Peabody Coal Company' s approved <br /> mine permit. Minor field adjustments in horizontal and vertical <br /> alignment were necessary during construction to compensate for <br /> unanticipated natural conditions, achieve the necessary storage <br /> capacity, limit the disturbed area, and construct a structure consistent <br /> with the existing and reclaimed topography. To the best of my knowledge <br /> and belief, field adjustments made during construction to the structure <br /> are in conformance with the Rules and Regulations and the intent of the <br /> approved ¢ ` ifl %I,end specifications (see Exhibit 13-13A) . <br /> z <br /> es G;� r �envogt = Date <br /> Colorado <;a Q`04: <br /> Conclusion <br /> Sedimentation Pond 002 does meet or exceed the design and performance <br /> requirements of the CMLRD's regulations. Peabody will inspect the pond <br /> quarterly to evaluate structural integrity, storage capacity, <br /> conditions, and remedial work requirements in accordance with the <br /> approved mine permit. Therefore, pursuant to Rule 4.05.6(7) , the above <br /> is Sedimentation Pond 002 as-built certification report. <br /> 7 <br />