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Mr. Jeremy Nichols <br />Page 2 <br />October 27, 2017 <br />jurisdictional authority to make such a determination. Given that APCD has not made a <br />compliance determination regarding the West Elk Mine and VOC emissions, the Division <br />concludes that Permit and Rule violations regarding VOC emissions do not exist at this time and <br />an inspection and possible enforcement action based upon your October 20, 2017 Complaint is <br />not warranted. <br />Pursuant to Rule 5.02.5(5), you may request, in writing, that the Administrator ("Division <br />Director") informally review the Division's decision to not conduct an inspection and not initiate <br />an enforcement action based on the Complaint. The Division Director shall conduct the informal <br />review and report the results in writing to you and the alleged violator within 30 days of receipt <br />of any such request. <br />Please contact me if you have any questions. <br />Sincerely, <br />James R. Stark <br />Senior Environmental Protection Specialist <br />cc: David Berry, Western Regional Director, OSMRE <br />Mike Boulay, Coal Program Director <br />Ginny Brannon, Director, Division of Reclamation, Mining and Safety <br />Weston Norris, Mountain Coal Company, LLC <br />Scott Schultz, Assistant Attorney General <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http:/I mining.state.co.us <br />John W. Hickenlooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director <br />