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Refuse Area SA has progressed to the point where the drainage chazacteristics are starting to <br />evolve. The in-pit ditch on the west side is established with appropriate channel protection to <br />carry the projected runoff. <br />To date, a total of 5,287,604 tons of wet refuse have been placed in the 2/3/4 combined sub-area <br />and a total of 1,921,840 tons of wet refuse have been placed in sub-azea Sa. <br />The stockpile on sub-azea Sa was actively spread and compacted during the quarter with <br />additional material remaining to spread during the fourth quarter of 2005. <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 embatrlanent 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 <br />structures at the Deserado mine aze being constructed in conformance with the prudent state-of- <br />the-art construction practices as they relate to coal processing waste bank construction. Further, <br />the structures aze being constructed in compliance with the approved design, as specified within <br />Section IILB.3 of the approved permit documents and depicted on Maps 76, 77, 77A and 150 <br />and other permit documents or maps as amended from time to time. <br />I certify, based on my field observations and those observations of my qualified designates and <br />professional investigations, asdetailed 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 the design approved as a portion of Permit No. C-1981-18, <br />issued by the Colorado Division of Minerals and Geology. <br />Colorado Registered P.E. No. 30263 <br />xc: JeffDubbert <br />Scott Wanstedt <br />File <br />