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<br />To the best of my knowledge, based on my professional expertise, the permanent refuse structures <br />at the Deserado mine aze 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 aze being constructed incompliance with the approved design, as specified within Section <br />III-20 of the approved permit documents and depicted on Maps 76,77,82 and 83 and other permit <br />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 Blue <br />Mountain Energy, Inc., Deserado Mine, located in Rio Blanco County, Colorado, are being <br />constructed incompliance with the design approved as a portion of Permit No. C-018-81, issued by <br />the Colorado Division of Minerals and Geology. <br />- - .~. <br />Eyt/ <br />?~ =: WilliBm;C. Lepro, P.E. <br />= '^--Project Engineer <br />-.-„ <br />~~ Colorado Registered P.E. No. 30263 <br />zc: Murazi Shrestha <br />Jeff Dubbert <br />File <br />