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The Quarterly WET testing was scheduled in August with GO Consultants for September <br />14, 16, and 18. In late August water levels in the mine stabilized and rate of inflow <br />decreased resulting in further reduction in pumping and only sporadic discharges. The <br />mine was not discharging during that week and no sample was collected. The WET test <br />was rescheduled for the fourth quarter 2009 during which period an additional sampling <br />event will be scheduled.. WET Test Samples collected during previous quarters were in <br />compliance with permit limitations. NECC requests a waiver of the third quarter WET <br />sampling requirement. <br />No discharge occurred at Sites 004, 005, 007, 008, 009A, 009W and 033. <br />NECC will continue pumping at the Tier III rate during the fourth quarter of 2009. <br />Please contact me if there are any questions or if additional information is required. <br />Sincerely, <br />John McCulloch <br />CEO <br />New Elk Coal Company, LLC <br />Ronald G. Thompson <br />Agent <br />for New Elk Coal Company, LLC