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current storage pile. The majority of this storage pile was spread and compacted during <br />the quarter. <br />To date, a total of 4,792,670 tons of refuse have been placed in the 2/3/4 combined sub- <br />areaand atotal of 715,805 tons of refuse have been placed in sub-area Sa. <br />A total of six compaction tests were performed on sub-areas 2/3/4 and Sa each month <br />when compaction occurred during the quarter. All areas tested exceeded the required <br />Proctor level of 90%. <br />The topsoil and subsoil piles for sub-azeas 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 embankment has continued, and to date <br />appears to 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 <br />state-of--the-art construction practices as they relate to coal processing waste bank <br />construction. Further, the structures are being constructed in compliance with the <br />approved design, as specified within Section III,B.3 of the approved pernut 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-1981-18, issued by the Colorado Division of Minerals and <br />Geology. <br />Respectfully, <br />P.E. No. 30263 <br />xc: Jeff Dubbert <br />Scott Wanstedt <br />File <br />