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To date, a total of 4,433,106 tons of refuse have been placed in the 2/3/4 combined sub-area and <br />a total of 417,829 tons of refuse have been placed in sub-area Sa. <br />Three compaction tests were performed on sub-area 2/3/4 each month during the quarter. All <br />areas tested exceeded the 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 appears adequate to control erosion on the piles. <br />Quarterly monitoring of RP-4 refuse pond embankment has continued, and to date appears to be <br />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 1[I.B.3 of the approved permit documents and depicted on Maps 76, 77, 81 and 83 and <br />other permit documents or maps as amended from time to time. <br />[ 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-O81-18, issued <br />by the Colorado Division of Minerals and Geology. <br />~tespectfully, <br />,~ <br />i, ~ -~ = . <br />~l~ ~~William~C~Lepro, P.E. <br />- ~ProJect°Engineer <br />-'-'Colorado Registered P.E. No. 30263 <br />xc: Jeff Dubbert <br />Scott Wanstedt <br />File <br />