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NEW ELK COAL COMPANY, LLC <br />122 West First Street, Trinidad, CO 81082 <br />Telephone: (719) 8454090 Fam (719) 845-0070 Cell: (719) 859-0111 <br />Via Certified Mail - 7008 1300 0000 0939 9384 <br />October 14, 2009??? <br />U0831on u' <br />Wing and safiety n, <br />Colorado Department of Public Health and 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 - 3`d Quarter 2009 <br />Lorencito Canyon <br />Mine - Permit No. COG-850044 <br />Discharge Monitoring Reports for the above referenced permit for the third quarter 2009 <br />are enclosed. A discharge occurred at outfalls 009B during the quarter. Rainfall during <br />the week of July 26, 2009 resulted in the pond discharging. The discharge was sampled <br />on July 31, 2009. Only one sampling event was conducted as there had been no discharge <br />from Pond 9 earlier in the month. Likewise, inspection of the pond during August <br />indicated that discharge had ceased prior to August 4, 2009, the next inspection date. <br />No discharge occurred at any of the other permitted facilities during the third quarter. <br />Sincerely, <br />John McCulloch Ronald Thompso <br />CEO Agent for New Elk Coal Company, LLC <br />cc: Kent Gorham, DRMS