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and Guardians' 2012 letter was the basis for APCD's subsequent conclusions that Arch Coal was <br />"out of compliance." <br />Ironically, in his response, Mr. Stark seems to be making an "independent determination" <br />that these prior reports of VOC emissions and clear signs of violating applicable state and federal <br />air quality laws and regulations do not suggest that Arch Coal is conducting surface coal mining <br />operations contrary to CO SCMRA and MLRB Rules. DRMS cannot make an "independent <br />determination" that an operator is complying while at the same time dismissing allegations that, <br />if read as true, indicate an operator is out of compliance with applicable surface coal mining laws <br />and regulations. <br />Here, DRMS was simply asked to undertake an inspection in light of clear evidence of <br />violations of surface coal mining laws and regulations. This should have led DRMS to conduct <br />an inspection that would have involved requesting Arch Coal confirm to DRMS whether or not <br />VOC emissions are above applicable state and federal reporting and permitting requirements. <br />CO SCMRA and MLRB Rules do not support Mr. Stark's assertion that DRMS lacks authority <br />to conduct such an inspection. <br />CONCLUSION <br />For the aforementioned reasons, we request the Director of DRMS review and reverse the <br />decision of James R. Stark not to conduct an inspection of the West Elk mine in response to <br />WildEarth Guardians' October 20, 2017 request for an inspection. We look forward to a <br />response to this request for review within 30 days as required by MLRB Rule 5.02.5(5). <br />Sincerely, <br />Jeremy Nichols <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 />cc: David Berry, Western Regional Director, U.S. Office of Surface Mining Reclamation and <br />Enforcement <br />4 <br />