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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 8663567 <br />FAX: (303) 832-8106 <br />October 18, 2005 <br />COLORADO <br />D I V I S I O N O F <br />MIN SRALS <br />GEOLOGY <br />0.ECLAMATION•NINING <br />SAFETY•SCIENCE <br />gill Owens <br />Governor <br /> Russell George <br />MT. Jerry Ne[detOn EneMive Dinxtor <br />RAG-Empire Corporation/BTU-Empire Ronald w. cottony <br />29515 Routt County Road No. 27 Division Director <br />Oak Creek, CO 80467 Natural Resource Truuee <br />Re: Eagle Mine Complex, C-1981-044, Second and Third Quaxtex 2005 Sediment Pond Inspection Report <br />Dear Mr. Nettleton: <br />Second quarter 2005 sediment pond inspection reports were received by DMG on October 12, 2005. Second <br />quarter 2005 sediment pond inspections were conducted on April 13, April 23 and May 12, 2005. Most of the <br />ponds were dry with the exception of SA-Pl, 5-P5, 5-P6 and 5-P7. Only Outfall No. 003 discharged during <br />second quarter 2005. Maintenance needs were limited to rodent control. Maintenance items identified during <br />first quarter sediment pond inspection for Pond 5-P7 has been completed and the pond is operating as designed. <br />Third quarter 2005 sediment pond inspection reports were received by DMG on October 18, 2005. Third <br />quarter 2005 sediment pond inspections were conducted on September 15, 1005. All ponds were dry except <br />treatment ponds 5-P5, 5-P6 and 5-P7, and a small amount of water in 9-P3. The pump for the treatment ponds <br />had been turned off. None of the ponds discharged during third quarter 2005. Animal burrows noted on <br />previous reports had been filled in according to the third quarter sediment pond inspection reports. <br />Copies of the quarterly reports need to be maintained at the mine ofEce and at the Division's office as per Rule <br />4.05.9(17. Please submit 2005 Sediment Pond Inspection reports within 2 weeks of inspection. <br />The operator also submitted the 2005 Rill & Gully report. The mine site was inspected in Apri12005 and in <br />August 2005 for rill and gully formation. A few minor rills were noted but none were reported to be problematic <br />or needed repair. The operator also submitted an annual storm water inspection report. The storm water <br />inspection was conducted June 10, 2005. No problems were noted in this inspection report. The Storm water <br />inspection was conducted in conjunction with Colorado Department of Public Health and Environment. <br />Sincerely, <br />H. <br />Protection Specialist <br />C:jjhb/C1981044jreports/2005/2^~ and 3rd Q Sediment Pond Reports.doc <br />Office of Office of - Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />