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"WiLD.EARTH <br />GUARDIANS <br />BY CERTIFIED MAIL <br />RETURN RECEIPT REQUESTED <br />Ryan Zinke - Secretary <br />U.S. Department of Interior <br />1849 C St., NW <br />Washington, D.C. 20240 <br />November 10, 2017 <br />Gienda Owens - Acting Director <br />U.S. Office of Surface Mining Reclamation and Enforcement <br />1849 C St., NW <br />Washington, D.C. 20240 <br />RE: Notice of Intent to File Suit Over Failure to Respond to Request for Inspection <br />Under Surface Mining Control and Reclamation Act <br />Dear Secretary Zinke and Acting Director Owens: <br />Pursuant to the Surface Mining Control and Reclamation Act ("SMCRA"), 30 U.S.C. <br />§ 1270(a)(2), WildEarth Guardians hereby notifies you of its intent to file suit over your failure <br />to perform a duty under SMCRA that is not discretionary. Specifically, we intend to file suit <br />against the Office of Surface Mining Reclamation and Enforcement ("OSMRE") over your <br />failure to respond within 15 days to a request for a federal inspection. <br />SMCRA regulations provide that: <br />A person may request a Federal inspection under [30 C.F.R.] § 842.11(b) by furnishing to <br />an authorized representative of the Secretary a signed, written statement [] giving the <br />authorized representative reason to believe that a violation, condition or practice referred <br />to in [30 C.F.R.] § 842.11(b)(1)(i) exists and that the State regulatory authority, if any, <br />ha3 bccn notified, i., writing, of' he existehhce of the violation, condition or practice. <br />30 C.F.R. § 842.12(a). Upon receipt of a request for an inspection and written documentation of <br />violations, the authorized representative must either: 1) Notify the state regulatory authority of <br />the possible violation and provide them 10 days to take appropriate action or show good cause <br />for a failure to take appropriate action; or 2) Within 15 days of receipt of a request for inspection, <br />send the person who made the request a statement that either an inspection was made and <br />whether enforcement action was taken or a statement that no inspection was conducted and an <br />explanation as to why. See 30 C.F.R. § 842.12(d). <br />2590 Walnut Street Denver CO, 80205 720-644-8064 wildearthguardians.org <br />DENVER MISSOULA PORTLAND SANTA FE • SEATTLE TUCSON <br />