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The Division has reviewed the 3Q11 Sediment Pond Inspection Report for the West Elk Mine. Thank you for your timely <br />submittal of this report. The report contained water and sediment levels for the following ponds: MB -1 (now FW -2), MB -3, <br />MB -4, MB -5E, FW -1, SG -1, RPE, NSSA and the deepwell pond. All of these ponds had low sediment levels (all less than <br />the 7% sediment level reported for pond SG -1) and all of the ponds, with the exception of NSSA and FW -2, contained <br />water. None of the ponds were reported as discharging during the inspection. There were no problems identified with <br />any of the ponds (rills and gullies, inadequate vegetation, burrows, settling, etc.). This information correlates well with the <br />Division's observations during its monthly site inspections. <br />I do have two questions regarding the sediment pond inspection report. First, how is the sediment level in the ponds <br />determined? Second, there are more ponds on site, including the waste water treatment pond, MWTF and the mine water <br />to Minnesota Creek pond, that are included in the NPDES permit but not in included in the quarterly pond inspection <br />report. Why are these ponds not included in this report? Thanks. <br />James R Stark <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />Colorado Department of Natural Resources <br />(303) 866 -3567 X8145 <br />www.mining.state.co.us <br />** *Email Disclaimer: The information contained in this e-mail, and in any accompanying documents, may constitute <br />confidential and /or legally privileged information. The information is intended only for use by the designated recipient. If <br />you are not the intended recipient (or responsible for delivery of the message to the intended recipient), you are hereby <br />notified that any dissemination, distribution, copying, or other use of, or taking of any action in reliance on this e-mail is <br />strictly prohibited. If you have received this e-mail communication in error, please notify the sender immediately and <br />delete the message from your system. <br />