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�f <br />r <br />'1 I DEARTH <br />G ARD1ANs <br />October 31, 2017 <br />BY ELECTRONIC MAIL AND U.S. PRIORITY MAIL <br />Ginny Brannon RECEIVED <br />Director <br />Colorado Division of Reclamation, Mining and NOV 012017 <br />Safety <br />1313 Sherman St., Rm. 215 <br />Denver, CO 80203 Division of Reclamation, <br />Mining & Safety <br />Ginny.brannonnstate.co.us <br />Re: Request for Informal Review, Division of Reclamation and Mine Safety Refusal to <br />Inspect and Enforce Alleged Violations at the West Elk Mine, Permit Number C- <br />1980-007 <br />Dear Ms. Brannon: <br />Pursuant to the Mined Land Reclamation Board ("MLRB") Rule 5.02.5(5), WildEarth <br />Guardians requests review of the October 30, 2017 decision by Division of Reclamation, Mining <br />and Safety ("DRMS") Senior Environmental Protection Specialist, James R. Stark, not to inspect <br />and enforce alleged violations of the Colorado Surface Coal Mining Reclamation Act ("CO <br />SCMRA") and MLRB Rules at Arch Coal's West Elk coal mine in Gunnison County, Colorado, <br />which is regulated under Permit Number C-1980-007. The October 30, 2017 decision was <br />issued in response to a request for inspection filed by WildEarth Guardians pursuant to CO <br />SCMRA, C.R.S. 34-33-122(7), and MLRB Regulation 5.02.5(1). <br />THE REQUEST FOR INSPECTION AND DECISION NOT TO INSPECT <br />On October 20, 2017, WildEarth Guardians filed a request for inspection with DRMS over <br />the failure of Arch Coal to comply with applicable state and federal clean air laws and <br />regulations in the conduct of surface coal mining operations at the West Elk mine. Specifically, <br />Arch Coal is conducting methane venting operations without failing to report and secure <br />appropriate permits for emissions of regulated volatile organic compounds ("VOCs"). The <br />request for inspection, attached to this request for informal review as Exhibit 1, cited detailed <br />inspection reports from the Colorado Air Pollution Control Divsion ("APCD") in which the West <br />Elk mine was determined to be "out of compliance" due to its VOC emissions based on Arch <br />Coal's own reported data regarding the composition of the gas stream being released in the <br />course of methane venting. <br />2590 Walnut Street Denver CO. 80205 720-644-8064 wiIdea rthguard ians.org <br />DENVER MISSOULA PORTLAND - SANTAFE SEATTLE TUCSON <br />