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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 />May 10, 2010 <br />Ron Thompson <br />New Elk Coal Company, LLC <br />122 West First Street <br />Trinidad, CO 81082 <br />RE: Quarterly Report Review, 3rd Quarter 2009 <br />Lorencito Canyon Mine, #C-96-084 <br />Dear Mr. Thompson: <br />James B. Martin <br />Executive Director <br />Loretta E. Pirieda <br />Director <br />The Division of Reclamation, Mining, and Safety (Division) has completed review of the 3rd <br />quarter 2009 reports submitted for sediment ponds, excess spoil fills, and discharge monitoring <br />reports (DMR's) for the Lorencito Canyon Mine. Please find the results of this review under the <br />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). Commitments to report <br />sediment survey results in the next (4th) quarter are noted for Pond 8 and Pond 9. No <br />observations were made on the presence or amount of water in any of the ponds at the site. <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) and each fill report is certified by a registered professional <br />engineer. The operator has certified all repair work done through September 21, 2009 on <br />channels and downdrains, with an exception noted for the upper west lateral downdrain at Fill 8. <br />Discharge Monitoring Reports (DMR) <br />One discharge from Pond 9 (north) was sampled during the quarter and appears in compliance <br />with the applicable effluent limitations. There was no discharge from any other permitted outfalls <br />during the 3rd quarter. This is consistent with Division field inspections conducted during the <br />period. <br />We have no further questions or concerns at this time. If you have any questions, please call <br />me. <br />Sinc dely, <br />Ke t Gorham <br />Environmental Protection Specialist III <br />COLORADO <br />D I V I S ION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines