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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 COLORADO <br />D I V I S 10 N O F <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 MINING <br />- &L- <br />August 10, 2009 1 SAFETY <br />John McCulloch Bill Ritter, Jr. <br /> <br />New Elk Coal Company, LLC Governor <br /> <br />122 West First Street Harris D. Sherman <br />Executive Director <br />Trinidad, CO 81082 Ronald W. Cattany <br /> Division Director <br />RE: Quarterly Report Review, 1St Quarter 2009, New Elk Mine, #C-81-012 Natural Resource Trustee <br />Dear Mr. McCulloch: <br />The Division of Reclamation, Mining, and Safety has completed review of the 2009 1 st <br />quarter reports submitted for sediment ponds, refuse piles, and pond discharges for the <br />New Elk Mine. Please find the results of this review under the respective headings <br />below and pay special attention to questions or comments in bold text. <br />Sediment Ponds <br />The reports meet the requirements of Rule 4.05.9(17). Please ensure that an <br />accurate sediment survey is completed for pond 8 in 2009. Scheduled cleanout is <br />noted at Containment #1 at the West Mine. Please ensure that this containment is <br />cleaned of sediment in 2009. The general description for Pond 1 is incorrect. Please <br />correct this description in future reports. No other issues or concerns were <br />documented which is consistent with field inspection. <br />Refuse Piles <br />The two reports (RDA and DWP) meet the requirements of Rules 4.09.1 (11) and <br />4.10.2(2). Water level measurements in the three piezometers at the RDA were noted <br />as required. For the RDA, please add that Highway 12 is potentially threatened by <br />the RDA should failure occur. <br />Discharge Monitoring Reports <br />Discharge occurred during the first two weeks of January from Pond 001. This is <br />consistent with field inspections conducted by the Division over that period. Discharge <br />from Pond 001 to the Purgatoire River was sampled twice during the two week period <br />and reported as required. Water was discharged, sampled, and reported from Pond 7 <br />once during the quarter. Sampling results do not indicate anything unusual or suspect <br />at this time. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines