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X� <br />�'CR7'>�E�tzx <br />GuARDu Ns <br />A FORCE FOR NATURE <br />BY ELECTRONIC MAIL AND <br />U.S. PRIORITY MAIL <br />Joe Pizarchik <br />Director <br />Office of Surface Mining <br />Reclamation and Enforcement <br />1951 Constitution Ave. NW <br />Washington, D.C. 20240 <br />May 19, 2016 <br />RECEIVED <br />MAY 2 0 2016 <br />DMSION OF RECLAMATION <br />MINING AND SAFETY <br />Re: Citizen Complaint Under Surface Mining Control and Reclamation Act Over <br />Violations at GCC Energy's King II Mine in La Plata County, CO, Colorado Permit <br />No. C-1981-035 and Federal Permit No. CO -0106A <br />Pursuant to the Surface Mining Control and Reclamation Act ("SMCRA"), 30 U.S.C. §§ <br />1267(h)(1) and 1271(a)(1), and regulations implementing SMCRA, 30 C.F.R. § 842.12(a), <br />WildEarth Guardians hereby writes to inform the Office of Surface Mining Reclamation and <br />Enforcement ("OSMRE") that violations of the U.S. Surface Mining Control and Reclamation <br />Act ("SMCRA") appear to be occurring with regards to operations at the King II coal mine in La <br />Plata County, Colorado, which is permitted to mine under State Permit No. C-1981-035 and <br />Federal Permit No. CO -0106A. <br />Specifically, the mine's owner and operator, GCC Energy, LLC (hereafter "GCC") <br />appears to be operating the King II mine without required federal approval. Additionally, <br />OSMRE appears to have improperly permitted mining without undertaking legally required <br />environmental analyses and other considerations. Overall, mining appears to be occurring <br />contrary to SMCRA. <br />This complaint does not relate to State of Colorado regulation of mining at the King II <br />coal mine, it relates solely to federal regulation, for which Colorado has no legal authority. To <br />this end, we request that OSMRE inspect and investigate to determine whether violations are <br />occurring and to address any violations in accordance with 30 C.F.R. § 843. Below, we provide <br />additional background and detail these apparent violations. <br />2590 Walnut Street Denver CO, 80205 303-437-7663 fax 505-213-1895 www.wildearthguardians.org <br />LARAMIE • MISSOULA • PORTLAND • SAN DIEGO • SAN FRANCISCO • SANTA FE • SALT LAKE CITY . TUCSON <br />