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On October 20, 2017, WildEarth Guardians submitted a request for OSMRE to inspect <br />Arch Coal's West Elk coal mine in Gunnison County, Colorado. West Elk is permitted to mine <br />pursuant to Colorado permit number C-1980-007. The request for inspection presented <br />information and evidence demonstrating that methane venting activities at the West Elk mine <br />were occurring in a manner that violated state and federal air quality laws and regulations, <br />thereby violating permit C-1980-007 and applicable state and federal regulations implementing <br />SMCRA. <br />WildEarth Guardians' request for an inspection was e-mailed and mailed via certified <br />U.S. Priority Mail to the OSMRE Western Regional Director, David Berry, on October 20, 2017. <br />The e-mail version was presumably received by Mr. Berry on October 20, 2017 while the hard <br />copy request was received by OSMRE on October 23, 2017. <br />In accordance with SMCRA rules, OSMRE was required to respond to WildEarth <br />Guardians' request for an inspection no later than 15 days after its receipt. Even presuming that <br />OSMRE officially received the request for an inspection on October 23, 2017, a written decision <br />was required to send WildEarth Guardians a response on or before November 7, 2017. As of the <br />date of this notice letter, OSMRE has not responded to WildEarth Guardians' request for an <br />inspection. You are therefore in violation of an "act or duty under [SMCRA] which is not <br />discretionary[.]" 30 U.S.C. § 1270(a)(2). <br />By this letter, Guardians provides notice of its intent to file suit in federal court after 60 <br />days if a decision on its October 20, 2017 request for an inspection of the West Elk mine is not <br />responded to as required by SMCRA. Pursuant to 30 C.F.R. § 700.13(b), notice is being <br />provided by certified mail to the Secretary and to the Acting Director. <br />In accordance with 30 C.F.R. § 700.13(f), the name, address, and telephone number of <br />the person giving notice is as follows: <br />Jeremy Nichols - Climate and Energy Program Director <br />WildEarth Guardians <br />2590 Walnut St. <br />Denver, CO 80205 <br />(303)437-7663 <br />jnicholsLaswildearthguardians.org <br />Sin�e�y,� <br />Jeremy Nichols <br />Cc: David Berry, Regional Director, Western Regional Office OSMRE <br />Ginny Brannon, Director, Colorado Division of Reclamation, Mining and Safety <br />2 <br />