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Mr. Jeremy Nichols <br />Page 2 <br />November 30, 2017 <br />requirement by APCD for the West Elk Mine to report and submit a permit for its VOC <br />emissions. As a result, the Division of Reclamation Mining and Safety ("Division") concludes <br />that a potential violation regarding the reporting and permitting of VOC emissions does not exist <br />(permit conditions C.1, C.3, and C.8) and an inspection and possible enforcement action based <br />on your October 20, 2017 Complaint is not warranted. <br />Finally, your Complaint alleged that the West Elk Mine is in violation of permit condition C9 <br />because it is in violation of Rule 4.17. Based on the Division's negative determination of a <br />violation for the West Elk Mine's VOC emissions, VOC emissions reporting, and VOC <br />emissions permitting, the West Elk Mine is not in violation of permit condition C.9 and an <br />inspection and possible enforcement action based on your October 20, 2017 Complaint is not <br />warranted. <br />Please contact me if you have any further questions. <br />Sincerely, <br />Virginia Brannon <br />Division Director <br />cc: David Berry, Western Regional Director, OSMRE <br />Mike Boulay, Coal Program Director <br />Ginny Brannon, Director, Division of Reclamation, Mining and Safety <br />Weston Norris, Mountain Coal Company, LLC <br />Scott Schultz, Assistant Attorney General <br />James Stark, Senior Environmental Protection Specialist <br />oFQ'.�oio <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 <br />