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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 />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />February 3, 2010 <br />COLORADO <br />D IV IS 10 N Of <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Ron Thompson Harris D. Sherman <br />New Elk Coal Company, LLC Executive Director <br />122 West First Street Ronald w. cattany <br />Division Director <br />Trinidad, CO 81082 Natural Resource Trustee <br />RE: Quarterly Report Review, 2nd Quarter 2009, New Elk Mine, #C-81-012 <br />Dear Mr. Thompson: <br />The Division of Reclamation, Mining, and Safety has completed review of the 2009 2nd <br />quarter reports submitted for sediment ponds, refuse piles, and pond discharges for the <br />New Elk Mine. Please find the results of this review under the respective headings <br />below, paying special attention to questions or comments in bold text, and correct all <br />future reports or reporting as necessary. <br />Sediment Ponds <br />The reports meet the requirements of Rule 4.05.9(17) for each pond or containment. <br />Cleanout of WP Containment #1 (East) is noted during the quarter. Commitments for <br />sediment level surveys are noted for this containment and for Pond 8. Please ensure <br />that accurate sediment surveys are completed for these two structures in 2010. <br />The general description for Pond 1 has been corrected. No other issues or concerns <br />were documented which is consistent with field inspection. <br />Refuse Piles <br />The two reports (RDA and DWP) meet the requirements of Rules 4.09.1 (11) and <br />4.10.2(2). Water level measurements in the three piezometers at the RDA were noted <br />as required. Under the heading "Potential harm to land, air, and water resources" both <br />Highway 12 and the Purgatoire River have the potential to be harmed. The report <br />states "none observed". For the RDA, in all future reporting, please add that <br />Highway 12 and the Purgatoire River are potentially threatened by the RDA <br />should failure occur. <br />Discharge Monitoring Reports <br />According to pond reports, discharge occurred from the second week of April <br />continuously through the end of the second quarter (June 30). This is consistent with <br />field inspections conducted by the Division over that period. Conductivity as reported is <br />Office of Office of <br />Mined Land Reclamation Denver - Grand Junction - Durango Active and Inactive Mines