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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />November 30, 2017 <br />Mr. Jeremy Nichols <br />Climate and Energy Program Director <br />WildEarth Guardians <br />2590 Walnut St. <br />Denver, CO 80205 <br />RE: Request for Informal Review, Division of Reclamation and Mine Safety Decision <br />Regarding Inspection and Enforcement of Alleged Violations at the West Elk Mine, <br />Permit Number C-1980-007 <br />Dear Mr. Nichols: <br />Pursuant to Rule 5.02.5(5) of the Regulations of the Colorado Mined Land Reclamation Board <br />for Coal Mining ("Rules"), I have reviewed your October 31, 2017 Request for Informal Review <br />to Inspect and Enforce Alleged Violations at the West Elk Mine, Permit Number C-1980-007 <br />("Permit"). Your Request for Informal Review is in response to the Division's October 30, 2017 <br />decision to not conduct an inspection and not initiate an enforcement action based on your <br />October 20, 2017 Report. For the reasons outlined in this letter, I have determined that an <br />inspection and enforcement action is not warranted based upon your Complaint and Request for <br />Informal Review. <br />Your Request for Informal Review alleges that Arch Coal has failed to comply with applicable <br />state and federal clean air laws and regulations in the conduct of surface coal mining operations <br />at the West Elk Mine. Specifically, your request alleges that Arch Coal is conducting methane <br />venting operations without reporting and securing appropriate permits for emissions of regulated <br />volatile organic compounds ("VOCs"). <br />The inspection report from the Colorado Air Pollution Control Division ("APCD"), your Exhibit <br />1, is not a determination by the Colorado Department of Public Health and Environment <br />("CDPHE") of non-compliance with state and federal clean air laws. CDPHE has not made a <br />determination that the West Elk Mine is in violation of state and federal clean air laws for <br />conducting methane venting operations. <br />Your Complaint alleges that the West Elk Mine has failed to apply for and obtain the required <br />permits for the possible VOC emissions and therefore is in violation of permit conditions C.1, <br />C.3, and C.8. Given that CDPHE has not made a compliance determination, there is no <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director 1876 <br />