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NEW ELK COAL COMPANY LLC <br />122 WEST FIRST STREET <br />TRINIDAD, CO 81082 <br />(719) 845-0090 <br />New Elk Mine <br />Lorencito Canyon Mine <br />RECEIVED <br />\ FEB 0 9 NAB <br />Division oY 111"J''abon, <br />%%ning and Safety <br />February 7, 2010 <br />Mr. Kent Gorham <br />Colorado Division Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: New Elk Mine: Permit No. C-81-012 <br />Quarterly Sediment Pond Inspections <br />Dear Mr. Gorham: <br />Ron Thompson <br />Mine Superintendent <br />Enclosed are copies of the Third Quarter 2009 Quarterly Sediment Pond Inspection <br />Reports conducted to comply with CDMR Rule 4.05.9(17). All embankments were <br />found stable and vegetated. <br />Mine water continued to be pumped to Pond 1 intermittently during the quarter. <br />Discharge averaged less than GPM throughout the quarter. No other ponds discharged. <br />The water level in Pond 8 was lowered by pumping to Pond 6 which serves as a non- <br />discharging holding pond. The water level has been lowered such the clean-out of Pond 8 <br />will start in the fourth quarter. <br />Please contact me if you have any questions. <br />Sincerely, <br />?l