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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />COLORADO <br />Denver, Colorado 80203 DIV IS <br />t o N <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> <br /> SAFETY <br />December 21, 2009 Bill Ritter, Jr. <br /> Governor <br />Mr. Dennis Jones, Hydrologist I Harris D. Sherman <br />Hayden Gulch Terminal, Inc. Executive Director <br />C/O Peabody Energy <br /> <br />P.O. 670 Ronald w. cattany <br />Division Director <br />Natural Resource Trustee <br />Hayden, CO 81639 <br />RE: Hayden Gulch Load Out, C1992-081, Third Quarter 2009 Pond Inspections. <br />Dear Mr. Jones: <br />Hayden Gulch Terminal, Inc. (HGTI) has provided the Division with the third quarter 2009 pond <br />inspection report for Hayden Gulch Loadout (DRMS Permit No. C1992-081). Two ponds exist on the <br />permit area, Truck Loop Pond (001 A) and Rail Loop Pond (002A). The report was received by the <br />Division on October 29, 2009. Both the Truck Loop pond (Outfall 001A) and the Rail Loop pond (Outfall <br />002A) were inspected by HGTI on September 2, 2009. Neither pond was discharging at the time the <br />ponds were inspected, and the Rail Loop Pond was dry. The report recognizes that there still exists a slow <br />seep in the headgate of the Truck Loop Pond (outfall 001A). HGTI personnel measured this seep at 0.08 <br />gpm. This seep is not considered a problem at this time and does not appear to impact the function of the <br />pond. <br />Please note, it appears that HGTI switched the report forms for the two ponds. The description of the <br />headgate is on the "Rail Loop Pond" form. Since the Rail loop pond has an open channel spillway, it is <br />apparent that this form does not apply to this set of observations. The Division's on site observations <br />during third quarter 2009 confirm that the truck loop pond contained a pool of water, while the train loop <br />pond was dry. The Division will include notes on these reports that the forms were apparently switched. <br />These reports are in compliance with Rule 4.05.9(17). <br />Thank you for the timely submittal of the third quarter 2009 Pond Inspection Reports. <br />Y, <br />anet <br />(303) <br />Protection Specialist II <br />C:\jhb\C9208I\Reports\2nd Q ponds.doc <br />CC: John Weinman, Hydro-Environmental Solutions, Inc. <br />P.O. Box 772996, Steamboat Springs, CO 80477 <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines