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~" ~~ ~~ <br />Both the topsoil and subsoil piles for those areas have been seeded <br />and are stable. Reseeding of the topsoil and subsoil piles created <br />in the building of sub-area 4 and those disturbed in the <br />reclamation of sub-area 1 was completed during the fall of last <br />year and are showing vegetative growth. Removal and stock piling <br />of all organic material and topsoil prior to disposal of refuse has <br />been completed. <br />To the best of my knowledge, based upon my professional expertise, <br />the permanent refuse structures at the Deserado Mine are being <br />constructed in conformance with the prudent state-of-the-art of <br />coal processing waste bank construction. Further, the structures <br />are being constructed in compliance with the approved design, as <br />specified within Section III-20 of the approved permit documents <br />and depicted on Maps 76,77,82 and 83. <br />I certify, based upon my field observations and professional <br />investigations, as detailed here above, that the permanent refuse <br />disposal structures at western Fuels-Utah, Inc., Deserado Mine, <br />located in Rio Blanco County, Colorado, are being constructed in <br />compliance with the design approved as a portion of Permit No. C- <br />018-81, issued by the Colorado Mined Land Reclamation Division. <br />Respectfully, <br />David B. Miller, P.E. <br />Chief Engineer <br />Colorado Registered P.E. No. 26558 <br />DBM:pb <br />cc: Michael Weigand <br />Don Deardorff <br />Wayne Heilmann <br />Tim Chervick <br />File <br />