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[A]ny person who is adversely affected by a [] surface coal mining and reclamation <br />operation may ask the Director or his or her designee to review informally an <br />authorized representative's decision not to inspect or take appropriate enforcement <br />action with respect to any violation alleged by that person in a request for Federal <br />inspection under § 842.12. <br />30 C.F.R. § 842.15(a). Upon receipt of such a request for informal review, the OSMRE "Director <br />or his or her designee shall conduct the review and inform the person, in writing, of the results of <br />the review within 30 days of his or her receipt of the request." 30 C.F.R. § 842.15(b); see also 30 <br />U.S.C. § 1267(h)(1) (requiring Secretary to provide written statement of reasons for final <br />disposition of informal review). <br />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, permit number C-1980-007. <br />The request for inspection presented evidence demonstrating that methane venting activities at <br />the West Elk mine were occurring in a manner that violated state and federal air quality laws and <br />regulations, thereby violating permit C-1980-007 and applicable state and federal regulations <br />implementing SMCRA. Specifically, Guardians alleged that Arch Coal is failing to report <br />emissions, failing to obtain permits, and failing to control their volatile organic compound <br />("VOC") emissions at the West Elk mine. <br />On November 28, 2017, Howard Strand, OSMRE Denver Field Branch Manager, <br />responded to WildEarth Guardians' complaint, declining to inspect and take enforcement action. <br />See Exhibit 1, Strand, H., "Response to WildEarth Guardians' Citizens Complaint and Request <br />for Federal Inspection" (Nov. 28, 2017). Mr. Strand asserted that Guardians' complaint "[did] <br />not provide reason to believe a violation exists under SMCRA[.]" Id. On December 6, 2017, <br />Guardians requested the Western Regional Director or his designee review Mr. Strand's denial of <br />the complaint. See Exhibit 2, WildEarth Guardians, "Request for Informal Review of a Decision <br />Not to Inspect and Enforce Under the Surface Mining Control and Reclamation Act", (December <br />6, 2017). According to U.S. Certified Mail receipts, this request for informal review was <br />received by OSMRE on December 8, 2017. In accordance with SMCRA rules, the Director, or <br />his designee, was required to issue a written decision within 30 days. This means a written <br />response was required on or before January 6, 2018. As of the date of this notice letter, a <br />decision has not been issued. You are therefore in violation of an "act or duty under [SMCRA] <br />which is not 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 December 6, 2017 request for informal review is not issued in writing as <br />required by SMCRA and SMCRA regulations. Pursuant to 30 C.F.R. § 700.13(b), notice is being <br />provided by U.S. Certified Mail to the Secretary, the Director, the Western Regional Director, <br />and the Director of the Colorado Division of Reclamation, Mining and Safety. In accordance <br />with 30 C.F.R. § 700.13(f), the name, address, and telephone number of the person giving notice <br />is as follows: <br />Shannon Hughes <br />Climate Guardian <br />2 <br />