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EMING ENGINEERING , INC. <br />SCOTTFLEW/AQ PF; C FC <br />Mr. Tom Kaldenbach <br />Colorado Division of Reclamation, Mining & Safety <br />Mined Land Reclamation Division <br />1313 Sherman Street Room 215 <br />Denver, Co. 80203 <br />OFFICE LOCATION: 1239 % Main Ave <br />MAIL: 1907 Glenisle <br />Durango, CO 81301 <br />(970) 247-3068 <br />(970) 259-6285 fax <br />(970) 759-3264 cell <br />E mail: flemingengineerinq(Vrontier.net <br />Web Page: www.scottfleming.com <br />September 15, 2008 <br />Attachments: <br />1. Three sheet 36 in. x 24 in. pond as-built drawings set. <br />2. EIS Environmental and Engineering Consulting As-Built" Sediment Pond Report as prepared for GCC <br />Energy. <br />3. Two 8.5 in. x 11 in. sheets providing a compilation of embankment density and moisture results test <br />documents by Trautner Geotechnical Engineers (the test result documents themselves are voluminous <br />but available to the CDRMS upon request to Fleming Engr.). <br /> <br /> <br /> <br />D <br />11 <br /> <br /> <br />1 <br />Mr. Tom Kaldenbach, <br />This letter serves to certify the sediment pond at the King II Coal Mine, CDRMS Permit # C-81-035, located at <br />5652 County Road 120, Hesperus, Colorado, 81326, as constructed as designed per the following conditions: <br />The following are hereby certified per civil engineering criteria for this coal mine siltation impound structure: <br />1. The pond has been constructed and currently exists on the King II site as represented in the attached three <br />sheet as-built drawing set. <br />2. The sediment contribution to this pond and pond size calculations are certified by virtue of the attached "As <br />Built" calculation report prepared by EIS Environmental & Engineering Consulting to be consistent with their <br />original pond design. <br />3. The attached "Retention Pond" (sic) compaction testing report compilation summarizes the geotechnical <br />testing and re-testing of the impound structure to achieve constructed embankment density consistent with <br />the pond design specifications. <br />4. Pond volumes are represented in the attached as-built drawing set and are consistent with the pond design <br />intent. <br />5. Pond structures are as represented in the attached as-built drawing set and are consistent with the pond <br />design intent. <br />6. Fleming Engineering, Inc. verified that the pond construction, as represented in the attached three sheet as- <br />built drawing set, followed design specifications for materials and compaction. <br />7. EIS Environmental & Engineering Consulting verified that the anticipated sedimentation volumes and <br />design pond volumes are consistent with the constructed pond as represented in the attached three sheet <br />as-built drawing set. <br />Fleming Engineering, Inc. provides this certification subject to CDRMS requirements for regular inspections for <br />erosion, instability, structural weakness, or other hazardous conditions, required monitoring procedures, and any <br />other aspect of this impound structure affecting stability or requiring maintenance or regular inspection. <br />Scott Flerhi 4, PE <br />Fleming gineering, Inc.