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To date, a total of 2,058,150 tons of refuse have been placed in sub-area 2-3, a total of 1,671,619 tons of refuse have been placed on sub-area 4, and a total of 417,829 tons of refuse have been placed in sub-area Sa. Two compaction tests were performed on sub-area 2/3 and two tests were performed on sub-area 4. All areas tested exceeded the required Proctor level of 90%. The topsoil and subsoil piles for sub-areas I, 2-3, 4 and Sa have been seeded and are stable with the exception of subsoil pile Sa. This pile received additional material from the enlargement of Pond 2/3 and will be seeded this fall. Vegetative growth appears adequate to control erosion on the remainder of the piles. Quarterly monitoring of RP-4 refuse pond embankment has continued, and to date appears to be stable. To the best of my knowledge, based on my professional expertise, the permanent refuse structures at the Deserado mine are being constructed in conformance with the prudent state-of--the-art construction practices as they relate to coal processing waste bank construction. Further, the structures are being constructed in compliance with the approved design, as specified within Section III-20 of the approved permit documents and depicted on Maps 76, 77, 82 and 83 and other permit documents or maps as amended from time to time. 1 certify, based on my field observations and those observations of my qualified designates and professional investigations, as detailed above, [ha[ the permanent refuse disposal structures at Blue Mountain Energy, Inc., Deserado Mine, located in Rio Blanco County, Colorado, are being constructed in compliance with the design approved as a portion of Permit No. C-018-81, issued by the Colorado Division of Minerals and Geology. Respectfully, - ~:- _, ~=. Wiltiam~C.-6epro, P.E. __~ Proj ecrErigirieer Colorado Registered P.E. No. 30263 xc: Murari Shres[ha Jeff Dubbert Scott Wanstedt File