2008-07-31_HYDROLOGY - C1980007

• Permit No: C1980007
• IBM Index Class Name: HYDROLOGY
• Doc Date: 7/31/2008
• Doc Name: E-mail Regarding Mountain Coal Company Acknowledge Letter
• From: Lynette Myers
• To: Jill E Cooper
• Permit Index Doc Type: Correspondence
• Email Name: TAK
• Media Type: D
• Archive: No

STATE OF COLORADO
Bill Ritter, Jr., Governor
James B. Martin, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S.
Denver, Colorado 80246-1530
Phone [phone]
TDD Line [phone]
Located in Glendale, Colorado
hftp://www.cdphe.state.co.us
July 31, 2008
Laboratory Services Division
8100 Lowry Blvd.
Denver, Colorado 80230-6928
[phone]
Jill Cooper
Faegre & Benson LLP
(Mountain Coal Company, LLC; Arch Coal, Inc.)
3200 Wells Fargo Center
1700 Lincoln Street
Denver, CO 80203
Subject: Voluntary Disclosure for Mountain Coal Company, LLC
Dear Ms. Cooper:
OF .Co
w
awe °--'P
yam, ?O
* 1876
Colorado Department
of public Health
and Environment
On July 30 2008, the Colorado Department of Public Health and Environment (the "Department") received your voluntary
disclosure notifying the Department that Mountain Coal Company LLC, a subsidiary of Arch Coal, Inc. (West Elk Mine) located
near Somerset, Colorado, has potentially violated the Colorado National Pollutant Discharge Elimination System (NPDES)
requirements and associated permits for each facility.
The Department will be processing the voluntary disclosure in accordance with the specific requirements of the Colorado
Environmental Audit Privilege and Immunity Law (see section 25-1-114.5 and section 25-1-114.6 Colorado Revised Statutes) and
applicable Department policies. As the Department evaluates your submittal, the Department may be contacting Faegre & Benson
(Mountain Coal Company) to discuss, clarify or request additional information in regards to the disclosure. The Water Division
will be individually processing the voluntary disclosure. As they evaluate the disclosure, they may be individually contacting
Faegre & Benson (Mountain Coal Company to discuss, clarify or request additional information. Ultimately the Water Division
will respond and either grant or deny penalty immunity for the disclosed violations.
The Department may determine that this matter needs to be resolved by bringing an enforcement action, and by entering into a
settlement agreement or issuing an order. The settlement agreement or order will be used to document the voluntary disclosure, the
degree of immunity from a penalty assessment, and to establish necessary measures or schedules to come into compliance.
Please note that any information provided to the department as part of a voluntary disclosure cannot be treated as confidential and
will be publicly available, except as provided for in the Colorado Open Records Act, (see section 24-72-204, Colorado Revised
Statutes).
If you have any questions or if you desire additional information on how the Department will be processing the Continental
disclosure, please don't hesitate to directly contact me at 303-692-3477 or by email at lynette.myers(a),state.co.us .
Sincerely,
I\ )? b ,ua
Lynette Myers
Office of Environmental Integration and Sustainability
cc: Paul Frohardt, (Director of the Office of Environmental Integration & Sustainability, CDPHE)
Martha Rudolph, (Director of Environmental Programs, CDPHE)
David Rochlin, (Senior Air Enforcement Attorney, EPA Region 8)