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areas is essentially completion. The slopes appeared stable with some localized erosion <br />noted. Pit 5 consists of a thin layer of refuse over the entire area. <br />To date, a total of 4,433,106 tons of refuse have been placed in the 2/3/4 combined sub- <br />area and a total of 537,810 tons of refuse have been placed in sub-area Sa. <br />No compaction tests were performed during the quarter as all refuse was stockpiled on <br />sub-area Sa for spreading and compaction later this yeaz. <br />The topsoil and subsoil piles for sub-areas 1, 2-3, 4 and Sa have been seeded and aze <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 [II.B.3 of the approved permit 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 />1 certify, based on my field observations and those observations of my qualified <br />designates and professional investigations, as detailed 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 />Colorado <br />P.E. No. 30263 <br />xc: JeffDubbert <br />Scott Wanstedt <br />File <br />