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rWILDEARTH <br />GuARDIANs <br />\1� �K� I I� Ib' •.SII FI <br />RECEIVED <br />JAN 222018 <br />DIVISION OF RECLAMATION, <br />MINING AND SAFETY <br />January 18, 2018 <br />Ryan Zinke <br />Secretary <br />U.S. Department of Interior <br />1849 C St., NW <br />Washington, D.C. 20240 <br />Glenda Owens <br />BY CERTIFIED MAIL <br />RETURN RECEIPT REQUESTED <br />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 Informal <br />Review of a Decision Not to Inspect or Enforce <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 U.S. Department of Interior and the U.S. Office of Surface Mining Reclamation and <br />Enforcement ("OSMRE") over your failure to respond within 30 days to a request for informal <br />review of a decision not to inspect or enforce in accordance with 30 C.F.R. § 842.15. <br />SMCRA provides that "[a]ny person who is or may be adversely affected by a surface <br />[coal] mining operation may notify the Secretary or any representative of the Secretary <br />responsible for conducting the inspection, in writing, of any violation of this chapter which [they <br />have] reason to believe exists at the surface mining site." 30 U.S.C. § 1267(h)(1). Further, <br />SMCRA requires the Secretary to provide for informal review of any "refusal by a representative <br />of the Secretary to issue a citation with respect to any such alleged violation." Id. SMCRA <br />regulations specify that: <br />2590 Walnut Street Denver CO, 80205 720-644-8064 wildearthguardians.org <br />DENVER MISSOULA PORTLAND SANTA FE SEATTLE TUCSON <br />