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specifications. The compaction tests exceeded the design <br /> specifications. This as-built report confirms the construction of this <br /> structure meets or exceeds the Rules and Regulations of the Colorado <br /> Mined Land Reclamation Division. The structure is stable, evidencing no <br /> indications of slope instability. <br /> 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 D 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 con f iW with the Rules and Regulations and the intent of the <br /> approvedt off ' ;`and specifications (see Exhibit 13-14A) . <br /> l <br /> iv+'n 17 U: Y, "­4- APR i <br /> :-� <br /> J a s G�'(� %�'�¢ Date <br /> Colorado 1 0` 7Pe <br /> Conclusion <br /> Sedimentation Pond 004 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 conditions, <br /> and remedial work requirements in accordance with the approved mine <br /> permit. Therefore, pursuant to Rule 4.05.6(7) , the above is <br /> Sedimentation Pond 004 as-built certification report. <br /> 7 <br />