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some localized erosion noted. Pit 5 consists of a relatively thin layer of refuse over the <br />entire area with the exception of the current storage pile. <br />To date, a total of 4,792,670 tons of refuse have been placed in the 2/3/4 combined sub- <br />azeaand atotal of 870,628 tons of refuse have been placed in sub-azea Sa. <br />No compaction tests were performed during the quarter since all material was stockpiled <br />for later spreading and compaction once conditions are conducive to such activities. <br />The topsoil and subsoil piles for sub-areas 1, 2/3/4 and Sa have been seeded and are <br />stable. Vegetative growth appears adequate to control erosion on the piles. <br />Quarterly monitoring of RP-4 refuse pond embartlQetent has continued, and to date <br />appeazs to be stable. <br />To the best of my knowledge, based on my professional expertise, the permanent refuse <br />structures at the Deserado mine aze being constructed in conformance with the prudent <br />state-of--the-art construction practices as they relate to coal processing waste bank <br />construction. Further, the structures aze being constructed in compliance with the <br />approved design, as specified within Section III.B.3 of the approved permit documents <br />and depicted on Maps 76, 77, 81 and 83 and other permit documents or maps as amended <br />from time to time, <br />I certify, based on my field observations and those observations of my qualified <br />designates and professional investigations, asdetailed above, that the permanent refuse <br />disposal structures at Blue Mountain Energy, Inc., Deserado Mine, located in Rio Blanco <br />County, Colorado, are being constructed in compliance with the design approved as a <br />portion of Permit No. C-1981-I8, issued by the Colorado Division of Minerals and <br />Geology. <br />Respectfully, <br />Lepro, P.E. <br />Registered P.E. No. 30263 <br />xc: Jeff Dubbert <br />Scott Wanstedt <br />File <br />