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United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />• Aig9�H s �as°j Western Region Office <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202-3050 <br />November 28, 2017 <br />CERTIFIED MAIL <br />Jeremy Nichols <br />Climate and Energy Program Director <br />WildEarth Guardians <br />2590 Walnut St. <br />Denver, CO 80205 <br />OF SURfq�.F <br />OGS j �1jyGf <br />AND <br />EXHIBff <br />aim <br />RE: Citizen Complaint under the Surface Mining Control and Reclamation Act, 30 <br />U.S.C. § 1271(a)(1), and Implementing Regulations, 30 CFR § 842.12(a) <br />Dear Mr. Nichols: <br />On October 23, 2017, the Office of Surface Mining Reclamation and Enforcement (OSMRE) <br />received a citizen complaint letter from WildEarth Guardians (WEG) dated October 20, 2017. <br />The letter was addressed to both OSMRE and the Colorado Division of Reclamation, Mining and <br />Safety (DRMS). WEG sent an advance electronic version of the letter simultaneously to <br />OSMRE and DRMS on October 20, 2017. <br />WEG's letter presents allegations about air quality compliance at the Arch Coal, Mountain Coal <br />Company, LLC (MCC), West Elk Mine in Gunnison County, Colorado. Specifically, WEG <br />alleges that MCC is failing to (1) report, (2) secure permits to allow, and (3) control volatile <br />organic compound (VOC) emissions at its West Elk Mine. WEG also alleges that VOC <br />emissions constitute a violation of MCC's federal mining plan and mining plan modifications, <br />which are required by the Mineral Leasing Act of 1920 (MLA), and MCC's state -issued mining <br />permit, issued under Colorado's version of the Surface Mining Control and Reclamation Act of <br />1977 (SMCRA). WEG also claims a violation of SMCRA and its implementing regulations. <br />WEG requests that DRMS and OSMRE inspect the mine, issue a notice of violation for <br />emissions under the authority of SMCRA, and issue a cessation order requiring MCC to cease <br />methane venting operations until it secures permits under the Clean Air Act authorizing the <br />release of VOCs. <br />You assert that MCC is violating the state and federal SMCRA standards and its state mining <br />permit because it is allegedly not in compliance with the CAA. After careful review of your <br />complaint and available information, we do not have reason to believe a violation exists under <br />SMCRA, the federal regulations, the federal mining plan, the Colorado state program, or the <br />state -issued SMCRA permit. <br />