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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <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 />December 17, 2002 <br />Ron Thompson <br />Peak Project Management <br />3800 County Road 63.9 <br />Trinidad CO 81082 <br />RE: Discharge Monitoring Report Review, New Elk Mine, #C-81-012 <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Ronald W. Cattany <br />Acting Division Director <br />The Division of Minerals and Geology has completed review of the Discharge <br />Monitoring Reports for the 4th quarter of 2001 and the151, 2nd, and 3rd quarter of 2002 for <br />the New Elk Mine. <br />No discharge was reported for the 4th quarter of 2001 and the 15t and 2"d quarter of <br />2002. This is consistent with field inspection and reflects drought conditions that existed <br />at that time. Discharge apparently did occur on three occasions in the 3`d quarter as per <br />your cover letter. From review of the DMR, it is apparent that at least two samples were <br />taken from pond 7 even though a lab sample result was included in your submittal from <br />only one sample. The data for that sample indicates compliance with the tightest permit <br />limitations for all constituents. Therefore, no request for the alternate limitations would <br />be necessary for this sample. <br />Please confer with the Water Quality Control Division concerning the averaging of <br />sample values over atwo-month period. It is the understanding of the DMG that only <br />samples taken during the same month can be used to calculate the 30-day average. In <br />the scenario of one sample taken during each month, the reported value for the daily <br />maximum and the 30-day average would be the same and would be the highest value <br />of the three samples taken over the calendar quarter for your quarterly DMR's. <br />Please .submit the lab sample results when you receive them for any additional samples <br />taken during the third quarter. <br />We have no further questions at this time. If you have any questions, please call me. <br />Sin e ly, <br />Kent A. Gorham <br />Environmental Protection Specialist II <br />