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Permanent out slopes remain at approximately 90% complete on the toe of sub-area 2-3 and 4. <br />The infill between these sub-areas is complete. The slopes appeared stable with some <br />localized erosion noted. <br />Refuse Area SA has progressed to the point where the drainage characteristics aze starting to <br />evolve. The in-pit ditch on the west side is established with appropriate channel protection to <br />carry the projected runoff. <br />To date, a total of 5,230,734 tons of wet refuse have been placed in the 2/3/4 combined sub- <br />azeaand atotal of 1,265,685 tons of wet refuse have been placed in sub-area Sa. <br />Thirteen compaction tests were performed during the quarter. All areas tested exceeded the <br />required Proctor level of 90%. <br />The topsoil and subsoil piles for sub-areas 1, 2/3/4 and Sa have been seeded and are stable. <br />Vegetative growth appeazs adequate to control erosion on the piles. <br />Quarterly monitoring of RP-4 refuse pond embankment has continued, and to date appears to <br />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- <br />of-the-art construction practices as they relate to coal processing waste bank construction. <br />Further, the structures are being constructed in compliance with the approved design, as <br />specified within Section III.B.3 of the approved permit documents and depicted on Maps 76, <br />77, 77A, 81 and 83 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 <br />and professional investigations, as detailed above, that the permanent refuse disposal <br />structures at Blue Mountain Energy, Inc., Deserado Mine, located in Rio Blanco County, <br />Colorado, are being constructed in compliance with the design approved as a portion of <br />Permit No. C-1981-18, issued by the Colorado Division of Minerals and Geology. <br />xc: Jeff Dubbert <br />Scott Wanstedt <br />File <br />Colorado Registered P.E. No. 30263 <br />