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. Peak Project Management, LLC <br />34115 County Road 20.8 Trinidad, CO 81082 <br />Telephone: (719) 8464W5 Fam (719) 846.4930 Coll: (719) 8594111 <br />_roqhompson@wlldblue.net <br />Via.Certified Mail 7008 1300 0000 0939 9414 <br />April 28, 2009 <br />-INIED <br />Colorado Department of Public Health & Environment APR 2 9 ZO <br />Water Quality Control Division <br />WQCD-PE B2 and Sa e1y n. <br />4300 Cherry Creek Drive South M'n'n9 <br />Denver, Colorado 80246-1530 <br />Re: Discharge Monitoring Report - l sc Quarter, 2009 <br />L New Elk Mine - Permit No. CO-0000906 <br />Enclosed are the DMRs for the above referenced permit for the First Quarter of 2009. <br />The mine operator has not yet received the DMR forms for the renewed permit for this <br />and future reporting periods. Thus as suggested by CDPHE, copies of previous forms <br />have been modified to enable reporting for this period in a timely manner. <br />Mine water discharge occurred only from January 1 to January 15, 2009 at the Outfall for <br />Pond 001. Discharge was terminated on January 15, 2009 as the mine water level had <br />receded to the lowest elevation from which water could be pumped at this location. The <br />pump was removed and no water was discharged from Pond 001 after January 15m, 2009. <br />Due to increasing sodium levels, discharge was reported as Tier 001 B for this reporting <br />period. The maximum average flow allowed by Tier B is 3.0 MGD. A flow of 124 acre- <br />feet was discharged through Pond 001 resulting in a daily average flow of 3.0 MGD. All <br />sampling parameters were within permit limitations for Tier B discharge. <br />A new pump is scheduled to come on-line in the second quarter, pumping from a location <br />that provides access to a lower elevation within the mine. This is expected to require <br />about one month of pumping at the maximum Tier B flow rate. This water will also be <br />routed through Pond 00 1: