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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 3, 2011 <br />Ron Thompson <br />New Elk Coal Company, LLC <br />122 West First Street <br />Trinidad, CO 81082 <br />RE: Quarterly Report Review, 4th Quarter 2009 <br />Lorencito Canyon Mine, #C-96-084 <br />Dear Mr. Thompson: <br />COLORADO <br />D I V IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />The Division of Reclamation, Mining, and Safety (Division) has completed review of the 4th <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. <br />Sediment Ponds <br />The quarterly reports meet the requirements of Rule 4.05.9(17) and Rule 4.05.9(15). <br />Observations of water level and sediment level were included in each pond report in addition to <br />the standard observations made for quarterly inspection. <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 November 28, 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 />There was no discharge from any of the permitted outfalls during the 4th 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 />Si c ely, <br />K Gorham <br />Environmental Protection Specialist III <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines