Case Document 34-26 Filed 06/09/11 Page1 of 8 EXHIBIT 24 Case Document 34-26 Filed 06/09/11 Page 2 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA anomm COAL comm? GUTHRIE a: THOMAS, 9 Plaintiffs, 'Vv Civil Action No. hl??wh?l?g?S-RJL US. DEPARTMENT OF LABOR and MINE HEALTH ADMINISTRATEON, Defendants. Bill Ross, pursuant to 28 11.51:. 1746, submits the following declamtion: i. I am ow; eightetn (18) yeaxs of age, am compatent to nuke $113.3 Dedication and, except where exp?ci?y stated omerwise, have: personal knowledgc of the: Emu: Fan-low. I would tesnfy trumfu?y to the 52cm and. opinions set; forth herein if called upon to do so. 2. I Was employed by Massey Coal Sendces C?Massey?) as Manger: of Technicsl Services, a. posilim I have held continuously since April 2008 until Friday, ?ne. 3, 2011, when the acquisition/merger by Alpha'Natuml Resources took phCe. 3. On. April 5; 2010, an cxplosion at Performance?s Upper Big Branch min: took the lives of 29 of my (so-Wochrs. Inamediutcly {allowing the accident, I was heavily havolved with the tescue anal :ecovezy- cfforts at Upper Big Bxanch. The Upper Big Branch mine falls uncier the 811me of MSHA Coal Mine: Safety and Health District 4 (?Distrint 4. In my former position, with Mauacy, I frequently acted as :1 limos; between the mine operatars (mg, meommnce Coal Company) and MSHA. I was in fmcguem contact with 5167740 Case Document 34-26 Filed 06/09/11 Page 3 of 8 rcpresenmtives {mm MEI-IA District 4, the district that has evem'ght of mm in sourhcm West Virginia. This contact takes many forms, including in?pcmon, by telephone, or electronic mail. 5. P?or to my unploymant with Massey Coal ScrviCes, I worked Em: MSHA, an agency of the Unihccl Stains Depart-mam of Labor for over thirty years. At the time of my dcpamue from MSHA in April 2008, I was the agency?s ventilation supervises; fox District 4, a position I held since December 2003. My of?ce: was located in Mt. Hope, West Virginia, 6. My duties and responsibilities at MSHA include? xeviewing and making xeconunendations with regard to Ventilation plans submitted by undatground coal mine opemtoxs; working ?3103er with mine. operators to cxzeate safe and ventilation plans; adhering to the. policiea and procedures of MSHA with :especc to ventilation; adhering aha policies and pmcecims cf MST-EA with to docutnent creation and xetgcn?on; [anticipating in ventilation presentations and seminars for superviwrs and specialists at the MSHA Amdemy. My experience With the Vendlaticn of undazgmund coal mines indudes both ?room and piliaz? zm'm?ng sections and Iongwall mining sectionm 7. My cducation included: GED, Woman?s school Navy, Swami MSHA, State certi?cation in: Mm foxmnan, Section boss, shot ?mz, belt exam, mp3}: dust calibmtion and 8. Upper Big Enrich mine was my ma of supervision during my time as District '4 ventilation supexvisor. As a result, I became very familiar: with the mine. and, speci?cally, its ven?la?on. Iwozked extensively on, among other things, the: minc?s ven?lations plans and the medium and dust control pians. developed some knowledge of the documents createci by both Perfonnance and MSHA with Impact to the Upper Big Emmet: mine. I also developed some knowledge: cf the maintained by MSHA with xesgect? to the Uppcr Big- Branch mine. I haw: some. knowledge of doalments pertaining to Upper Big Email mine inciudes 5167740 2 Case Document 34-26 Filed 06/09/11 Page 4 of 8 those related to ?oor bursts at die mine in 2003 and 2004, induding those that related to MSHA inves tigaticn into these incidenm. 9. I have extensive expedeme with and some pexsonal anwiedgc of documents, policies, and Procedures. ?10. It is my meant understanding that document xeten?qn policies. zeqwitm that documents be kept at Mt. Hope in a ?le room for ?ve (5) years. After ?ve (5) yeaxs, these documents ?Tould be sent; to an axChi?ve or a tepositozy in Philadelphia, PA. There the dammeats would be mich ?cthed and stored permanently in archivms, 23 Ear as I know. I 1?1. Buying my tenuxe with MSHA I regularly preserved imfoctmt demerits beyond the Peziod aet forth by MSHA because may could prove critical to the health and safety of miners. Many of these documents xcmzined in ?ies at Mt. Hope of?ces. Upon my departuxe in 2008. There ware a number of (locumcma in this collection of saved maturial that rdatcd to Upper Big Branch mine, including mapa, ventilation plans, methane and dust control Plans, internal MSHA documents and comeapmadmm There Wet: also related to the ?oor hunts at the Upper Big Branch mm in 2003 and 2004, mchding those that mated to MSHA investigation into the incidents. Upon my departuxc {tom the agency, there should have been a signi?cant number of critical documents relatcd to Upper Big Branch mine that had been preserved in ?les. i 12. Joseph Mackowizk took over as ven?lation Supervises: for Distzict 4 upon my departure in 2008. It is 9. Position Mr. Mackowiak coutinues to hold. As was true: during my time With MSHA, Mt. Mackowiak supervised and the vendlation at I?etforimncc?s Upper: Big Branch 111112: on behalf of MSHA. 13. In the wake. of the April 5, 2010 accident at Upper Big Bramh mine, the mine-?8 ventilation has been the whim: of scrutiny, including the role that Dismict 4 Played in the design: ?Pvaala and ixuplmentation of th?a?cn plan at Upper Big Blanch mine. 5167740 3 Case Document 34-26 Filed 06/09/11 Page 5 of 8 14. During my tenure as ventilation Supervisor for District 4, Doris Chambers was my secremly. Mm. Chambats and I wo?md closely for about six (6) years. Dun'ng our time working together, Mrs. Chambers exhibited a strong understanding of the moms supervised by District 4 and the general types of documents: involved in the supervision of a wine?s ventilation. As my scorctaxy, Mm. Chambers booms familiar with speci?c documents that were submitted by various mine: ogmtom, including as well as documents generated by me. I bdicvc Mm. fami?mity with docummts mainly general in that she: 1mm the MSHA policies anti proccduxes with the documents we mutinch used I do not know in}! she had intimate knowledge or mcollection of the sged?c contents of documents related to my speci?c 15. Since hawking MSHA, I have spoken with Ms. Chambers on a number of occasions. 16. In june and July 2010, I travelled to facility in Mt. Hogs, W66: Virginia on multiple occasions for. mootings with Mr. Mackowiak. The Main topic of discussion was the ventilation pIan for the Iongwali at Revolution mine, which is owned and ope,th by Indepandwce Coal Company, Inc. C?Indepemicncc?), a subsidiary of Maesray. Accompanying me at a cough: of thee: mectings was, ?among others, Phillip El?s, the Vice President: of 17. Mg one such trip to Mt. Hope to mac: With Mr. Mackov?dig ML E71115 and I had an ?PPOttuD-ity to speak with Mrs. Chambers, my foxmet secretary. Durhzg our conversation tho topic of the accident at the Upper Big Branch oninc cams up. I inquimd about an MSHA report ?rom 2504 about a floor burst at Upper Big Branch mine that I was familiar: mm Ecom 1113? time waking at: MSHA. This '1on prompted Mrs. Chmbers it: say that Mr. Mackoudak had destroyed 3 Sisi??mt moum 0f docum?nts Within hi5 60mm! at MSHA. M13. speci?cally recalled Mr. Mackowiak out of the Mt Hope. facility carrying trash bags ?lled rwith documents. Mire. Chambers ma?a it: clear that Mr. Mackowiak?s docummt ?esttuction 941:1 actions ??om the ?le mom 5167740 4 Case Document 34-26 Filed 06/09/11 Page 6 of 8 and map room were questionable, at beat. She told ma that a let of the docummts we saved were gone. 18. Mm. did not specify the date of Mr. Mackowiak?s (hmmc?t removal or destruction; however the conversation I had with her occurred after the Apxil 5, 2010 accident at Uppeu: Big Branch mine. My knowledge of MSHA records and record gencza?y and with respect to those related to Uppcr Big Branch whamd my at MSHA supczm'sing the mutilation of underground coal mines in southem West Virginia. leads me: to believe if what Mrs. Chambexs $336 was true, Mt. Mckowiak?s document removal and/o: dcsimction was impropex and highly suspicious. In fairness. I am mluatant to say more because I did not see my documents mmom? by Mr. Mackowiak. Mm Chambem was not speci?c abomt to what she was :efez?ng in our 19. As ventilation Supexviso: for Dist-dc: 4, I Commicatcd by teiephone confercmce ox in person and possibly by email with other MSHA employees about Perfc.tmance?s mine plan Submissions, appmvals, and denials. 20. As Massey?a Manager of Technical Services, I ?via. email with MSHA about Perfommce?s mine Plan. submissions, approvals, and denials. 23. As mtilatio? supazvisor for District 4-, I commuted by telephOne 01: in person and possibly by email with other MSHA empibycas about bottle samples mkm: at: Perfonnancc?s UPPCE Branch minc. 22. While I was ventilation supervisor for Dist?ct 4, I communicated by telephone, in. person and possibly by email with Perfomancc about the methane at Pufomtance?s Upptr Big Exam}: Mine on Febmary 18, 2004. july 3, 2003 1 possibly Was siding supervisor. 5167740 5 Case Document 34-26 Filed 06/09/11 Page 7 of 8 23. While employed by MSHA, I communicated by telephone, in gamma and Possibly by email with 0mm: MSHA employees about the mcrhane ignition at Farfonnanca?a Uppcx Big Bunch Mine on jammy 1997. 24. While employed by MSHA, I communlmted by telephone, in Eamon and possibe by email with Paformmce about: the mathme ignition at Perfomunca?s Upper. Big Branch Mine on januaxy 4, 1997- I 25. Beth as a fauna: MEI-IA employee. and as a fcmler of Massey Coal Swims, I have parsonal hawiedge that MSHA would have taken and would currently possm photographs and reward: related to rock dusting and bottle samples at Pet??stimnm?a Upper Big Branch Mine, but Cannot attest to how they were kept. This would be. up to the: Distiict Managex. I dcclam nude; penalty of pedury that foregong mm: and correcu Executed on June 8, 2011. imam Lowell ?Bill? Rs; 5167740 6 Case Document 34-26 Filed 06/09/11 Page 8 of 8 STATE OF VIRGINIA COUNTY OF MERCER, remit: Before me, a Notary Public, in and far the scanty and state aforesaid yexsunally aPPeazec?? Bill Ross who pmona?y admowledgad that he signed the foregoing document dated the day of Jana, 2013. Given uncle: my hand and seal this the i day of?ine, 2011. My commission cxpircsNOTARY PUBLIC: (SEAL) "Lia. OFFICIAL SEAL 5?3 STATE OF WEST VIRGINIA {5 new? mum Patrizia Pam! \w 26:05 mm mm E. Ill mum 5167740