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<br />To the best of my knowledge, based on my professional expertise, the permanent refuse structures <br />at the Deserado none 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 wnstructed in compliance with the approved design, as specified within Section <br />III-20 of the approved pernul documents and depicted on Maps 76,77,82 and 83. <br />I 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 />Western Fuels-Utah Inc., Deserado Mine, located in Rio Blanco County, Colorado, are being <br />constructed in compliance with the design approve as a portion of Pernut No. C-018-81, issued by <br />the Colorado Mined Land Reclanratiorr Division. <br />Respectfully, <br />MJW:wcl <br />xc: Murari Sluestha <br />Jeff Dubbert <br />Tim Chervick <br />File <br />