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Ms. Lynette Myers <br />Colorado Department of Public Health and Environment <br />July 30, 2008 <br />Page 5 <br />serious harm to the public health or environment. Additional information addressing water <br />quality will be provided by MCC within 60 days of the date of this letter. As indicated above, <br />MCC ceased discharging at Outfall 017A after this deficiency was confirmed on July 17, 2008. <br />Discussion of Economic Benefit <br />The identified deficiencies did not confer an unfair or excessive economic benefit to MCC, since <br />existing staff is being used to complete and amend the DMRs, review the MCP, and submit <br />annual SWMP reports. Iron exceedance treatment options at Outfall 017A may be addressed <br />with flow management, baffles, and/or a passive aeration system using the existing pond <br />configuration. Consultants have been retained to assist with finalization of the MCP and <br />evaluation of potential treatment options for Outfall 017A. <br />Arch Coal respectfully requests a meeting with CDPHE to discuss this submittal. I will contact <br />you to schedule the meeting. For additional information regarding this matter, please contact me <br />at (303) 607-3587 or jcooper@faegre.com. <br />Best regards, <br />ill E. Cooper <br />JEC <br />Enclosure <br />cc: Scott Klarich, WQCD, CDPHE <br />Tom Kaldenbach, DRMS, CDNR <br />Gene DiClaudio, Arch Western Bituminous Group <br />Scott Lewis, Arch Coal, Inc. <br />BJ Sturgill, Arch Coal, Inc. <br />James Spaanstra, Faegre & Benson LLP <br />fb.us.3104910.01