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Mountain Coal Company, LLC <br />Exhibit 67 <br />West Elk Mine Windy Gap Process <br />the 2007 and 2008 Annual Hydrology Reports, as well as from the two highest coal <br />production (7.0+ million TPY) years to date (1999 and 2007), the average annual WWTP <br />discharge to the North Fork was 6.64 acre feet. <br />The discharges from WEM's two largest sediment ponds, MB-1 and MB-2R, during the <br />same three years averaged 52.4 and 110.3 acre-feet per year, respectively. Averaging <br />these two discharges (i.e. 81.35 acre-feet) and conservatively assuming that 50% of this <br />water was not from stormwater runoff, the average volume of return flows from the <br />sediment ponds is calculated to be 40.7 acre-feet per year. Similarly, the average amount <br />of treated mine water discharged annually during these three years was 429.4 acre-feet, <br />including WEM's non-tributary water right used as augmentation water. Conservatively <br />assuming that future mine water discharges will only be for augmentation during periods <br />of call on the North Fork (typically June through September each year, or about one <br />quarter of a year) 107.35 acre-feet of water will be pumped from the mine each year and <br />returned to the North Fork, even at maximum coal production levels. <br />Contributions <br />The natural mine water inflow is not directly proportional to the production rate, but is <br />chiefly affected by the areal extent mined and the geologic conditions. The production <br />rate does influence the areal extent of the mine because with higher production rates, a <br />greater area of the coal seam is mined to obtain that higher tonnage. WEM believes that <br />all mine water inflows, whether tributary or non-tributary sources, are a valid <br />contribution to the North Fork and the upper Colorado River basin because the water <br />would have remained isolated in fracture zones and/or perched, confined aquifers if <br />mining had not occurred. As such, mine inflows have been included as a part of the <br />return flows calculation (see above), albeit.a very conservative amount, when compared <br />to the actual amounts pumped from the WEM to the North Fork for more than a decade. <br />Net Depletion <br />No depletions were experienced at the WEM as a result of mining in the Box Canyon <br />Federal Lease COC-56447 (PR08). No depletions are anticipated as a result of mining in <br />either the South of the Divide Federal Lease C-1362 (PR10), the West Flatiron Federal <br />Lease COC-67011 (PR-11) or in the Dry Fork Lease COC-67232 (PR-12). <br />Based on maximum mining production rates and very conservative usage and return <br />flows, WEM's net depletion is calculated as follows. <br />Depletions (water usage) from the North Fork 201.8 acre-feet/year <br />Return Flows (including mine water contributions) <br />to the North Fork 154.7 acre-feet/year <br />NET DEPLETION 47.1 acre-feet/year <br />Exhibit 67-3 Revised 03105- PRI1; 01106- PR11; 03106- PRI1; 09109- 78118; 09109- TR119