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To the best of my knowledge, based on my professional expertise, the permanent refuse structures <br />at the Deserado mine are being constructed in conformance with the prudent state-of--the-art <br />construction practices as they relate to coal processing waste bank construction. Further, the <br />structures aze being constructed in compliance with the approved design, as specified within Section <br />III-20 of the approved permit documents and depicted on Maps 76,77,82 and 83 and other permit <br />documents or maps as amended from time to time. <br />[ 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 <br />constructed in compliance with the design approved as a portion of Permit No. C-018-81, issued by <br />the Colorado Division of Minerals and Geology. <br />Respectfully, <br />~` l ~^ LAC^!Y~7 C <br />- ~t'jlliarrFG.-F.epro, P.E. <br />Pro'~ct~~tgirieer <br />"; Colorado-Registered P.E. No. 30263 <br />,~~:~ _ <br />~~'""~-xc:l~lurari Shrestha <br />Jeff Dubbert <br />File <br />