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Ten compaction tests were performed during the quarter. All areas tested exceeded the required <br />Proctor level of 90% except for one in one test. The non-passing test was in an area not completely <br />compacted due to adverse cold and wet conditions. Compaction and spreading had previously been <br />stopped until more favorable conditions. This area was later properly compacted and the site relocated <br />via gps and retested. The retest demonstrated proper compaction. <br />Refuse Area SA has progressed to the point where the drainage characteristics are starting to evolve. <br />The in-pit ditch on the west side is established with appropriate channel protection to carry the <br />projected runoff. <br />To date, a total of 5,300,879 tons of wet refuse have been placed in the 2/3/4 combined sub-area and a <br />total of 2,092,879 tons of wet refuse have been placed in sub-area Sa. <br />Spreading and compaction of the stockpile on sub-area Sa was completed during the quarter. <br />The topsoil and subsoil piles for sub-areas 1, 2/3/4 and Sa have been seeded and are stable. Vegetative <br />growth appears adequate to control erosion on the piles. <br />Quarterly monitoring of RP-4 refuse pond embankment has continued, and to date appears to be stable. <br />To the best of my knowledge, based on my professional expertise, the permanent refuse structures at <br />the Deserado mine are being constructed in conformance with the prudent state-of--the-art construction <br />practices as they relate to coal processing waste bank construction. Further, the structures are being <br />constructed in compliance with the approved design, as specified within Section IILB.3 of the <br />approved permit documents and depicted on Maps 76, 77, 77A and 150 and other permit documents or <br />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, 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 constructed <br />in compliance with the design approved as a portion of Permit No. C-1981-18, issued by the Colorado <br />Division of Minerals and Geology. <br />xc: Jeff Dubbert <br />Scott Wanstedt <br />File <br />Colorado Registered P.E. No. 30263 <br />