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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman bt., Room 215 <br />Denver, Colorado 80203 <br />Phone: (3031866-3567 <br />FAX: (3031832-8106 <br />February 11, 2003 <br />Ron Thompson <br />Peak Project Management <br />3800 County Road 63.9 <br />Trinidad CO 81082 <br />RE: Reclamation of Pond 5, New Elk Mine, #C-81-012 <br />Dear Mt. Thompson: <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SA FETY <br />Rill Owens <br />Crovernor <br />Greg E. Walther <br />Executive Director <br />Ronald W. Cattany <br />Acting Division Director <br />The Division of Minerals and Geology has reviewed your letter of February 5, 2002 concerning <br />the reclamation of pond 5 at the New Elk mine site. As we discussed in the field, the reason for <br />this sedimentation pond is not apparent on the ground. No surface disturbance reports to this <br />pond. <br />I have reviewed the revision files here at our office for some record of operation and reclamation <br />plans in this azea. This review resulted in no specific plan or revision to facilities in this azea. <br />Review of Map 13, Sediment and Sutface Water Control Plan, East Portal shows topsoil <br />stockpile #3, a berm to the north and ditch Dl to the south all to the west of pond 5. The berm <br />and ditch D1 would divert runoff from the stockpile to pond 5. Appazently, this topsoil stockpile <br />was never constructed as planned. I have some recollection of a discussion in the field with New <br />Elk personnel indicating that this azea was to be used as a landfarm area for soils removed from a <br />diesel fuel spill neaz the industrial building. For whatever reason, this plan was never <br />implemented. 1 have no knowledge of the removal of contaminated soils. Map 15, Surface <br />Disturbance/Post Mining land Use East Portal includes no reclamation requirement for this azea, <br />indicating that it was never disturbed. The pond 5 azea is annotated "DNR" meaning it is a <br />disturbed azea with no underlying refuse. The reclamation requirement for this azea would be <br />regarding, ripping, seeding, and mulching. (i.e. no topsoil application). <br />We concur with the plan to reclaim pond 5 as stated in your letter. Please install alternate <br />sediment control on the north and east to protect the adjacent Purgatoire River from possible <br />sedimentation. <br />If you have any questions, please call me. <br />Sine y, <br />K. o <br />Environmental Protection Specialist II <br />