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Another small area exemption is the lower east slope of the development waste pile. This <br />small area drains directly into a south-flowing clean water diversion ditch which then drains <br />immediately into the Purgatoire River. Treatment for this small area is vegetation and straw <br />bales or silt fence. Existing vegetation is excellent in this area and provides the necessary <br />sediment treatment. <br />Pond 7 remains nearly full. The outlet gate was closed. Water in the pond continues to be <br />heavy in suspended solids. NECC should consider pumping the water resident in this pond <br />to pond 6 and establish capacity in pond 7 as required by the approved permit. Establishing <br />a mark to show the maximum level of the permanent pool is also required. Work has also <br />been completed in the emergency spillway, shown below. Two feet of freeboard has been <br />established in the spillway channel and the channel is adequately protected from erosive <br />flows, should they occur. The limited disturbance has been seeded and mulched. <br />Pond 4 held only a small amount of water in the southeast corner. The operator has <br />approval from the DRMS to dispose of drilling fluids in Pond 4. Evidence suggests a minimal <br />amount of fluids have been discharged into the pond at this time. <br />Pond 001 is the mine water discharge pond, located immediately north of the mine office. <br />The pond water level -is 3+ feet below the discharge point and water was not observed being <br />pumped to the pond at any time during this two day inspection. <br />4