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`i• <br />"� a EARTH <br />UARDlANs <br />,% { 1 *0 E. ti W ,. & 13. kk. <br />BY ELECTRONIC MAIL AND U.S. PRIORITY MAIL <br />David Berry <br />Western Regional Director <br />U.S. Office of Surface Mining Reclamation <br />and Enforcement <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202 <br />dberr gosmre. og_v <br />October 20, 2017 <br />Ginny Brannon <br />Director <br />Colorado Division of Reclamation, Mining and <br />Safety <br />1313 Sherman St., Rm. 215 <br />Denver, CO 80203 <br />Ginny.brannon(kstate.co.us <br />Re: Complaint and Request for Inspection Over Failure of West Elk Mine, Permit <br />Number C-1980-007, to Comply With Applicable State and Federal State and <br />Federal Coal Mining Laws and Regulations <br />Dear Ms. Brannon and Mr. Barry: <br />Pursuant to U.S. Surface Mining Control and Reclamation Act ("SMCRA"), 30 U.S.C. <br />§ 1267(h)(1), SMCRA implementing regulations, 30 C.F.R. § 842.12(a), the Colorado Surface <br />Coal Mining Reclamation Act ("CO SCMRA"), C.R.S. 34-33-122(7), and Colorado Mined Land <br />Reclamation Board ("MLRB") Regulation 5.02.5(1), WildEarth Guardians hereby writes to <br />inform the Colorado Division of Reclamation, Mining and Safety ("DRMS") and the U.S. Office <br />of Surface Mining Reclamation and Enforcement ("OSMRE") that violations of SMCRA, <br />SMCRA regulations, CO SCMRA, MLRB Rules, and applicable permitting requirements are <br />occurring at Arch Coal's West Elk coal mine in Gunnison County, Colorado. <br />Specifically, Arch Coal is not complying with applicable clean air laws and regulations. <br />While engaged in the practice of venting methane into the air, the company is releasing regulated <br />volatile organic compound ("VOC") emissions, including gases like benzene, toluene, and <br />butane. These VOCs are not only toxic, but also react with sunlight to create ground -level ozone <br />pollution, a poisonous gas. See U.S. Environmental Protection Agency, "Ozone Basics," website <br />available at https://www.el2a.2ov/ozone-pollution/ozone-basics. In spite of these emissions, <br />Arch has yet to report these emissions, secure required permits to allow these emissions, and to <br />control these emissions according to state and federal clean air laws and regulations. In turn, the <br />company is violating its mining permit and other applicable coal mining laws and regulations. <br />Given these violations, we request DRMS and OSMRE initiate enforcement actions <br />and order Arch Coal to cease methane venting unless and until the company complies with <br />relevant clean air requirements. Below, we detail these violations. <br />2590 Walnut Street Denver CO, 80205 720-644-8064 wildearthguardians.org <br />DENVER MISSOULA € ORTLAND SANTA FE SEATTLE TUCSON <br />