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41- <br />Via Certified Mail 70081300 0000 0939 9155 <br />April 26, 2010 <br />Colorado Departm( <br />Water Quality Coni <br />WQCD-PE-B2 <br />4300 Cherry Creek <br />Denver, Colorado <br />Public Health & Environment <br />South <br />-1530 <br />Re: Discharge Monitoring Report -1st Quarter, 2010 <br />New Elk Mine Permit no. CO-0000906 <br />Enclosed are the DM RS for the above referenced permit for the First Quarter of 2010. <br />Discharge occurred 1;ntermittently at site 001C and was sampled as per permit <br />requirements. Wet testing was attempted three successive times. <br />Sets of Grab Samples (3) were collected on March 15th, 17th, & 19"; March 22nd, 24"', <br />& 26"; March 29"', 31A, & April 2"d for Whole Effluent Testing. The third sample of the <br />first set was not delivered to the lab in time to complete the test as the shipper (UPS) <br />was delayed due to adverse weather and the test was voided. The third sample of the <br />second set, UPS attempted to deliver to the wrong address resulting in the sample being <br />delivered late and the test was voided. The third set was successful for flathead, but <br />both the control & tested sample group for Cedodaphnia was voided by the laboratory. <br />A fourth set of grab samples was tried for April 1P but we were notified by the <br />laboratory that there was still a problem with the test organisms to delay for another <br />week. <br />i <br />i <br />122 W. First Stl -et PHONE (719) 845=0090 <br />l k FAX .: ((719) 845-0077 <br />Trinidad, CO 81082 E-MAIL ronthompson@newelkcoal.com <br />?I