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<br />/~LEJN//Y!G F.IYrG/NEE/~//N~ //Y~ <br />`~ <br />L <br />~s~`~ <br />~~ . 2101 <br />~,. ,, <br />~i1 <br />~1~ 1''V <br />M`~,„.u <br />Monday, June 11, 2007 <br />OFFICE LOCATION: 1315 Main Ave #314 <br />MAIL: 1907 Glenisle <br />Durango, CO 81301 <br />(970) 247-3068 <br />(970) 259-6285 fax <br />(970) 759-3264 ce// <br />Email: flemingengineeringr~frontier.net <br />Web Page: www.scottfleming.com <br />Colorado Division of Mining, Reclamation, and Safety <br />1313 Sherman St. Room 215 <br />Denver, CO 80203 <br />Attn: Tom Kaldenbach <br />Re: CDMG Permit # C-1981-035, National King Coal, King II Mine <br />Attachments: <br />1. Fleming Engineering, Inc.(FE) - As-BuilUDesign Comparison Data (Two <br />11x17 Plan & Profile drawing sheets). <br />2. JT Paluso, PE, 6!12!06 Siltation Pond Design Report Coversheet Copy. <br />3. (FE) Sediment Pond Volume Calculations. <br />Mr. Kaldenbach, <br />As the civil engineer for this project, Fleming Engineering, Inc. (FE) designed the <br />civil and structural aspects of the sediment pond. FE also inspected the construction <br />of the pond at regular intervals since initiation of pond construction on April 9'h, <br />2007. <br />The hydrologic volume design criteria for the siltation pond were determined by JT <br />Paluso and presented in the report for which the cover sheet is attached hereto. FE <br />designed the sediment pond based on these volume criteria, but also prepared a <br />spreadsheet to calculate volume/stage relationships for the design pond which are <br />also attached hereto. The completed pond has a capacity that meets the specific <br />volume requirements determined in the Paluso report. The maximum pond sediment <br />level for the completed pond is at elevation 7230.0 FT. The sediment level at which <br />removal of sediment materials should begin is 60% of that capacity (a sediment <br />level of 7228.6 FT). All of the stomtwater and sediment capacity required volumes <br />as determined by JT Paluso are met with the completed pond construction. <br />We have on file in our offices sufficient density testing results from Trautner <br />Geotech, Inc. along with several Proctor tests and gradation reports to substantiate <br />proper density of the constructed embankment for this pond. <br />In addition, Maness & Associates Inc. of Cortez, Colorado, the project surveyor, <br />provided FE a point field study generated on 6/6/07 of the completed pond. This <br />point field of topographic data facilitated the FE generation of an as-built surface <br />model of the completed pond. The as-built surface was compared to the design. <br />