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Inspection Categories <br />First Quarter 2009 <br />Armurteriarit Structures <br />(note) Permanent replacement of riser structure completed except for minor, non-critical items. <br />I am a professional engineer registered in the State of Colorado and my experience fulfills the <br />requirements of the Colorado Surface Coal Mining Reclamation Act. <br />My certification fulfills the requirements for an annual inspection for impoundments required by <br />Section 4.05.9(14) and quarterly inspections of such by Section 4.05.9(17) of the Rules and <br />Regulations of the Colorado Mined Land Reclamation Board Pursuant to the Colorado Surface Coal <br />Mining Reclamation Act. <br />I certify, based on my field observations and those observations of my qualified designates and <br />professional investigations, as detailed above, that the each pond referenced above, at Blue Mountain <br />Energy, Inc., Deserado Mine, located in Rio Blanco County, Colorado, was constructed and maintained in <br />accordance with the approved plan and to comply with the requirements of Section 4.05.9. <br />r