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GCC Energy, LLC <br />GCC Post Office Box 2827 <br />Durango, CO 81302 <br />Energy Telephone: 970.385.4528 4424 County Road 120 <br />"Safety as a Value" Facsimile: 970.385.4638 Hesperus, CO 81326 <br />October 1, 2008 <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Attn: Tom Kaldenbach <br />Dives Shy <br />RE: King H Pond Certification and Haul Road Certification <br />Dear Mr. Kaldenbach: <br />Please find enclosed documents from Fleming Engineering, Inc. certifying the King II sedimentation pond <br />and haul road design and construction. Attached are three maps prepared by Fleming Engineering <br />consisting of a site plan and road and drainage structure design details. The report also includes a <br />document by EIS Environmental & Engineering consulting entitled Sediment Pond "As Built" and Runoff <br />Control Structures Verification for Drainages Basin A and Basin B consisting of SedCAD calculations for <br />all drainage structures on site. <br />The above maps and documents will be included in forthcoming Technical Revision TR-15 detailing <br />changes encountered during the preliminary construction phase of the King II project. <br />If we can provide additional information, please contact me at your convenience. <br />Sincerely, <br />Tom Bird <br />Manager of Coal Services <br />GCC Energy, LLC <br />c: Michael Savage, Savage and Savage