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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: (303j 832.8106 <br />May 7, 2003 <br />Ron Thompson <br />Peak Project Management <br />3800 County Road 63.9 <br />Trinidad CO 81082 <br />RE: 4t" Quarter 2002 and 18t Quarter 2003 <br />Sediment Pond Inspection Reports <br />MSHA Annual Impoundment Report 2002 <br />New Elk Mine, #C-81-012 <br />Dear Mr. Thompson: <br />DIVISION O F <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 />Division DIlCllor <br />The Division of Minerals and Geology has completed review of the sediment pond <br />inspection reports for the 4`h quarter 2002 and the 1S` quarter 2003 for the New Elk Mine <br />and the 2002 MSHA Annual Certification for the RDA pond. Data reported is consistent <br />with observations made during field inspections. Reclamation of pond 5 is noted in the <br />first quarter 2003. These reports meet the requirements of Rule 4.05.9(17) and Rule <br />4.05.9(21). <br />The quarterly reports do not meet the annual inspection and reporting requirement of <br />Rule 4.05.9(15) regarding the depth and elevation of any impounded water and the <br />existing storage capacity (both sediment and water) of the impoundments at the time of <br />the inspection as certified by a registered professional engineer. <br />We have no further questions at this time. Please submit the reports to the Division <br />within 30 days following the end of the previous calendar quarter. If you have any <br />questions, please call me. <br />Sinter ly, <br />Ken A. Gorham <br />Environmental Protection Specialist II <br />