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<br />Three compaction tests were performed on sub-area 2/3/4 each month during the quarter. In <br />addition one test was performed on the regraded.attd compacted portion of sub-area 5 during <br />November. All 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 strictures <br />at the Deserado mine are being constructed in conformance with the prudent state-of--the-art <br />construction practices as they relate to coal processing waste bank construction. Further, the <br />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, 81 and 83 and <br />other perm it documents or maps as amended from time to time. <br />1 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 [he design approved as a portion of Permit No. C-081-I8, issued <br />by the C~sion of Minerals and Geology. <br />C. <br />Wil <br />Colorado Registered P.E. No. 30263 <br />xc: Jeff Dubbert <br />Scott Wanstedt <br />File <br />