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ahead of our 12/2/05 letter. DMG sent an adequacy letter to MCC on 11/23/05. MCC <br />submitted their responses on 12/6/05. DMG is reviewing these responses. <br />Measure #2: Submit an IBR TR to the West Elk Mine Permit for the Lay-Down Area <br />Due Date: 12/16/05 <br />Status: Not Yet Complied With <br />MCC was directed to submit an Incidental Boundary Revision (Technical Revision) to the <br />West Elk Mine permit. MCC submitted a partial draft by e-mail to DMG on 12/9/05; it was <br />however, very incomplete. MCC continues to work on this. <br />Measure #3: Submit Analyses Conducted of Any Previously-Collected Water Samples <br />Due Date: 12/6/05 <br />Status: Complied With By Exception <br />MCC was directed to provide any water quality sample results already obtained by MCC <br />downstream of the 11/12/05 incident. MCC had not obtained any water quality samples <br />downstream of 11/12/05 incident until directed to do so via DMG's letter of 12/1/05. <br />Measure #4: Conduct New Water Quality Sampling <br />Due Date: 1216!05 <br />Status: Complied With Ahead of Due Date <br />MCC was directed to conduct water sampling at certain intervals in the Dry Fork of <br />Minnesota Creek and in Minnesota Creek below its confluence with the Dry Fork. Sampling <br />was conducted on 12/2/05, according to a report submitted by MCC on 12/6/05. <br />Measure #5: Submit Analyses of New Water Quality Samples <br />Due Date: 12/9/05 <br />Status: Complied With Ahead of Due Date <br />MCC was directed to submit analyses of the water samples collected. The analyses and an <br />evaluation were provided to DMG on 12/6/05 in a document entitled "Draft Technical Memo <br />RE: SILV-EX Spill Monitoring Repor[". DMG has reviewed the analyses and the evaluation, <br />and documented its review in a memo dated 12/9/05. <br />Measure #6: Secure and Contain Materials at Lay-Down Area <br />Due Date: No Date Specified <br />Status: Continuously Monitored <br />MCC was directed to "continue to ensure that all materials used in support of the MCC <br />operations remain secure and properly contained". DMG will monitor compliance with this <br />measure during future I&E inspections. <br />