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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$106 <br />1 November 2005 <br />Jim Kiger <br />Oxbow Mining, LLC <br />3737 Highway 133 <br />Somerset, CO 81434 <br />Re: Elk Creek Mine (Permit C-1981-022) <br />Third Quarter 2005 Pond Inspection Reports <br />Dear Mr. Kiger, <br />COLORADO <br />DIVISION O F <br />MIN SRALS <br />GEOLOGY <br />E~fETY•ECIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division thanks you for your prompt submittal of the third Quarter 2005 Pond <br />Inspection Reports. One discrepancy was noted in the pond inspection report. Page 1 of <br />the report states that there was no discharge from Pond D during the quarter while the <br />September 2005 DMR states that there was a discharge from the pond (and includes <br />laboratory analyses). Please amend and resubmit the pond inspection report page 1. <br />There were no erosional, structural or appurtenant structure problems noted for any of the <br />ponds. This is consistent with observations made during routine monthly inspections by <br />the Division. <br />The Division has one concern that relates to the sediment and water levels reported in the <br />ponds. There are no markers in the ponds to accurately quantify sediment and water <br />levels. The Division would like an additional statement in the report text explaining how <br />sediment and water levels are determined. <br />Please call me if you have any questions or concerns at (303) 866-4929. <br />Sincerely, <br />James R Stark <br />Environmental Protection Specialist <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />