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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 />Ron Thompson <br />New Elk Coal Company, LLC <br />122 West First Street <br />Trinidad, CO 81082 <br />RE: Quarterly Report Review, 1St and 2nd Quarters 2009 <br />Lorencito Canyon Mine, #C-96-084 <br />Dear Mr. Thompson: <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />- SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division of Reclamation, Mining, and Safety (Division) has completed review of the 1St and <br />2nd quarter 2009 reports submitted for sediment ponds, excess spoil fills, and discharge <br />monitoring reports (DMR's) for the Lorencito Canyon Mine. Please find the results of this review <br />under the respective headings below. Please take note of any questions or issues in bold text. <br />Sediment Ponds <br />The quarterly reports meet the requirements of Rule 4.05.9(17). Setting of a weir box at Pond 5 <br />and repair of the Pond 9 (North) discharge outlet through the embankment were the notable <br />activities reported in the 1St quarter. Generally ponds were reported as dry at the end of the <br />second quarter. <br />Excess Spoil Fills <br />Three excess spoil fills are inspected at the site. Each quarterly inspection report meets the <br />requirements of Rules 4.09.1(11). A commitment of documentation and certification of the <br />repair work completed in the downdrains at Fill 9 was noted in both quarters "to accompany the <br />next quarterly report". Please ensure this documentation and certification is submitted <br />with the 3rd quarter report. Upper west lateral ditch on Fill 8 is reported as needing repair. All <br />repair work at Fill 7 is scheduled for completion during the third quarter. <br />Discharge Monitoring Reports (DMR) <br />There was no discharge from any of the permitted outfalls during the 1St or 2nd quarter. This is <br />consistent with Division field inspections conducted during the period. <br />We have no further questions or concerns at this time. If you have any questions, please call <br />me. <br />Since el <br />Kent orham <br />Environmental Protection Specialist III <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines