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None of the aforementioned violations involve any provision of the State of Colorado <br />regulatory program, including the State and Federal cooperative agreement set forth at 30 C.F.R. <br />§ 906.30. Thus, OSMRE is responsible for inspecting resolving these violations. <br />Accordingly, it strongly appears that OSMRE must, at a minimum, undertake an <br />inspection, if deemed necessary, and undertake the following actions to resolve these violations: <br />1. OSMRE must immediately order GCC to maintain coal production levels at no more than <br />610,000 tons per year, if not lower, and to immediately come into compliance with La <br />Plata County land use laws. <br />2. OSMRE must assess civil penalties against GCC over violations of SMCRA in <br />accordance with 30 C.F.R. § 845. <br />3. If GCC wishes to increase its annual production rates, it must request a mining plan <br />modification from OSMRE and the Secretary of the Interior. <br />4. If a mining plan modification is requested from OSMRE and the Secretary of the Interior; <br />OSMRE must prepare an environmental impact statement consistent with NEPA and <br />fully comply with any all other applicable federal laws and regulations. <br />5. OSMRE must order that GCC shall not operate outside the bounds of its 2007 Mining <br />Plan modification, including that the company shall not produce more than 610,000 tons <br />annually, unless and until the Secretary of the Interior approves a mining plan <br />modification. <br />With this complaint, we do not waive our right to file additional complaints, appeals, lawsuits, or <br />other proceedings to enforce other violations of SMCRA that may be occurring at the King II <br />mine, or to seek additional administrative, judicial, or other relief to resolve any other violations. <br />We look forward to a prompt response from OSMRE to this complaint. Under SMCRA <br />implementing regulations, OSMRE must respond to this complaint within 15 days. 30 C.F.R. <br />§ 842.12(d). If you have any questions or concerns, or would like to discuss this matter further, <br />please contact me at the information below. Thank you. <br />;Smrely, <br />y Nicho s <br />Climate and Energy Program Director <br />WildEarth Guardians <br />2590 Walnut St. <br />Denver, CO 80205 <br />(303)437-7663 <br />jnichols &wildearthguardians.org <br />12 <br />