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• 5.0 MONITORING PROGRAMS FOR 2009 <br />New Elk Coal Company will continue to monitor the site as approved in the permit. <br />Operations were idled in mid-2002 and this status will continue into 2009. New Elk Coal <br />Company has acquired the New Elk Mine operations and -permits and plans on starting <br />mine recovery in 2009 with the intent to re-open the mine. Reopening the mine requires <br />dewatering the flooded mine workings prior to reentry. Water from the mine is pumped <br />from the East portal airshaft to water treatment pond 001 and then discharged into the <br />Purgatoire River. A permit revision for pond construction was approved by DMRS. Pond <br />construction was completed in 2007. Water samples collected from NEW-2 and NEW-4 <br />indicate that the discharge should meet current NPDES permit limitations. Pumping <br />started in December of 2008. The two samples collected as required by NPDES Discharge <br />Permit were in compliance. <br />Reclamation of obsolete surface facilities and maintenance of environmental control <br />facilities was initiated in late 2002 and continued through 2007. The railroad and unit train <br />loadout were removed from the site during 2003. Demolition and removal of West Portal <br />Facilities was completed during 2005. Revegetation of most of the West Portal sites was <br />completed during 2006. The operational surface of the refuse disposal area was <br />recontoured in 2004 to reduce the sediment load reporting to Pond 8. Clean-out of Pond 8 <br />occurred intermittently during 2005 with interludes necessary to allow for periodic <br />dewatering of the pond. Clean-out was completed into 2006. Clean-out of Pond 7 was also <br />0 completed in 2006. Ponds will be surveyed during 2009 to document sediment levels and <br />schedule clean-out if required. <br />Other monitoring activities will continue as required by the approved plan. <br />• <br />47