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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 />August 16, 2012 <br />Mr. Ron Thompson <br />Mine Manager <br />New Elk Coal Company LLC <br />122 West First street <br />Trinidad, CO 81082 <br />Re: New Elk Mine, C1981 -012, First Quarter 2012 Sediment Pond Inspection Reports <br />Dear Mr. Thompson: <br />COLORADO <br />Q I V I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />The Division received New Elk Coal Company's 2012 First Quarter Sediment Pond Inspection <br />Reports for the New Elk Mine on June 14, 2012. The reports state that the ponds were inspected <br />on March 31, 2012. This is acceptable and occurred during the first quarter of 2012. <br />Ponds 1, 4, 6, 7, and 8 were inspected, as well as WP Containments No. 1 and No. 2, RDA <br />Containments RDA SE, RDA SW, and RDA North . Observations noted on the reports agree <br />with Division observations during mine inspections. No additional concerns were identified in <br />the sediment pond inspection reports. <br />Other than submitting the reports in a more timely manner, the Divison has no concern with the <br />reports, and finds these reports meet the requirement of Rule 4.05.9(17). <br />Sincerely, <br />Janet H. Binns <br />Environmental Protection Specialist III <br />(303) 866 -3567 ext. 8107 <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />