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Permanent out slopes remain at approximately 95% complete on the toe of sub-area 2--3-4. The <br /> infill between these sub-areas is complete. The slopes appeared stable with some localized <br /> erosion noted. <br /> 18 compaction tests were performed through July, August, and September. All test provided <br /> adequate results showing compaction greater than the minimum 90% proctor requirement. <br /> Refuse Area 5A has progressed to the point where the drainage characteristics are evolving. The <br /> in-pit ditches on the east and west sides are established with appropriate channel protection to <br /> carry the projected runoff. <br /> The topsoil and subsoil piles for sub-areas 1, 21314 and 5A have been seeded and are stable. <br /> Vegetative growth appears adequate to control erosion on the piles. The disturbed top surface of <br /> the subsoil pile for sub-area 5A was seeded in the fall of 2010 and the perennial vegetation is <br /> now well established. <br /> Quarterly monitoring of RP-4 refuse pond embankment has continued and appears to be stable. <br /> To the best of my knowledge, based on my professional expertise, the permanent refuse <br /> structures at the Deserado mine are being constructed in conformance with the prudent state-of- <br /> the-art construction practices as they relate to coal processing waste bank construction. Further, <br /> the structures are being constructed in compliance with the approved design, as specified within <br /> Section III.B.3 of the approved permit documents and depicted on Maps 76, 77, 77A and 150 <br /> and other permit documents or maps as amended from time to time. <br /> I certify, based on my field observations and those observations of my qualified designates and <br /> professional investigations, as detailed above, that the permanent refuse disposal structures at <br /> Blue Mountain Energy, Inc., Deserado Mine, located in Rio Blanco County, Colorado, are being <br /> constructed in compliance with the design approved as a portion of Permit No. C-1981-18, <br /> issued by the Colorado Division of Reclamation, Mining and Safety. <br /> Respectfully, <br /> 43992 <br /> i ? tq <br /> Jas r <br /> Project <br /> Colorado Registered P.E. No. 43992 <br /> XC: Jeff Dubbert <br /> File <br />