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Peak Project Management, LLC <br />34115 County Road 20.8 Trinidad, CO 81082 <br />Telephone: (719) 846.4975 Fax: (719) 8464930 Ceti: (719) 859.0111 <br />ronthompsonOwitdbiue.net <br />Via Certified Mail <br />January 24, 2009 <br />Colorado Department of Public Health & Environment <br />Water Quality Control Division <br />WQCD-PE-B2 <br />4300 Cherry Creek Drive South <br />Denver, Colorado 80246-1530 <br />Re: Discharge Monitoring Report - 4" Quarter, 2008 <br />New Elk Mine - Permit No. CO-0000906 <br />Enclosed are the DMR's for the above referenced permit for the Fourth Quarter of 2008. <br />The New Elk NPDES permit renewal was scheduled to be effective December 1, 2008. <br />CDPHE stated that the entire 3-months should be reported as per monitoring <br />requirements based on the previous permit requirements and have been reported as such. <br />The mine dewatering pump was placed into service and first discharged from Pond 001 <br />on December 15, 2008. The flow meter located on the pump discharge indicated a peak <br />flow rate of 2300 gpm. Flow out of the pond through a 90° V-notch weir peaked at 16". <br />Both are representative of a flow of 3.3 MG/D. Samples were collected on December 15 <br />and 30, 2008. These samples were analyzed as per requirements of the 2008 permit <br />renewal which are more extensive than the previously required All parameters were in <br />compliance with both permits. <br />No discharge occurred at Sites 004, 005, 007, 008, 009A, 009W and 033. Discharge <br />from 001 W was sampled for chronic WET testing. Results have not been received from <br />the laboratory and this information will be reported as soon as it becomes available. <br />Please contact me if there are any questions or if additional information is required <br />Sincerely <br />Ronald G. Thompson <br />Agent for <br />New Elk Coal Company, LLC