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FAE?GRE <br />BENSON <br />«. <br />UNITED STATES I ENGLAND I GERMANY I CHINA <br />RECEIVED Cvi?` ?,NQ;?> <br />JUL 3 0 1008 <br />Division or Keciamation, <br />Mining and Safety <br />JILL E. COOPER <br />JCooper@faegre.com <br />(303) 607-3567 <br />July 30, 2008 <br />SENT VIA ELECTRONIC <br />AND HAND-DELIVERY <br />Ms. Lynette Myers <br />PPP-B2 <br />Colorado Department of Public Health and Environment <br />4300 Cherry Creek Drive South <br />Denver, Colorado 80246-1530 <br />Re: Colorado Environmental Audit Privilege and Immunity Law <br />Disclosure for Mountain Coal Company, LLC West Elk Mine <br />Dear Ms. Myers: <br />Faegre & Benson LLP respectfully submits the following to the Colorado Department of Public <br />Health and Environment ("CDPHE") on behalf of Mountain Coal Company, LLC ("MCC"), a <br />wholly owned subsidiary of Arch Coal, Inc. ("Arch Coal"), under the Colorado Environmental <br />Audit Privilege and Immunity Law ("Audit Law"). MCC owns and operates the West Elk Mine <br />located near Somerset, Colorado. <br />Voluntary Self-Evaluation <br />In mid-2007, Arch Coal initiated company-wide voluntary self-evaluations of its operations in <br />both the east and west, including the West Elk Mine. The scope and purpose of these voluntary <br />self-evaluations is to examine the compliance status of each operation and identify potential <br />issues requiring further investigation under the National Pollutant Discharge Elimination System <br />("NPDES") requirements and associated permits for each facility. The scope of the voluntary <br />self-evaluation of the West Elk Mine in particular included a review of compliance with <br />Colorado Discharge Permit System ("CDPS") Permit No. CO-0038776 from the June 1, 2004 <br />effective date of the permit to present. <br />The voluntary self-evaluation at West Elk Mine is being conducted by an audit team comprised <br />of representatives from Arch Coal at a corporate (Director, Environmental Affairs) and <br />3200 WELLS FARGO CENTER 1 1700 LINCOLN STREET I DENVER COLORADO 80203-4532 <br />TELEPHONE 303-607-3500 1 FACSIMILE 303-607-3600 1 WWW.FAEGRE.COM