Laserfiche WebLink
EXHIBIT <br />Z <br />BEFORE THE WESTERN REGIONAL DIRECTOR <br />UNITED STATES DEPARTMENT OF THE INTERIOR <br />OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT <br />In the Matter o£ ) Request for Informal Review of a Denial of <br />a Citizen Complaint Filed Pursuant to the <br />Arch Coal, Mountain Coal Company, ) Surface Mining Control and Reclamation <br />West Elk Mine, Permit No. C-1980-007, ) Act <br />Delta and Gunnison Counties, Colorado ) <br />REQUEST FOR INFORMAL REVIEW OF A DECISION NOT TO INSPECT AND <br />ENFORCE UNDER THE SURFACE MINING CONTROL AND RECLAMATION ACT <br />Pursuant to 30 U.S.C. § 1267(h) and C.F.R. § 842.15, WildEarth Guardians hereby <br />requests the Western Regional Director of the U.S. Office of Surface Mining Reclamation and <br />Enforcement ("OSMRE") or his designee review a decision by Howard Strand, Manager of the <br />Denver Field Branch for OSMRE's Western Regional Office, declining to inspect and take <br />appropriate enforcement action with respect to alleged violations of the Surface Mining Control <br />and Reclamation Act ("SMCRA"), 30 U.S.C. § 1201, et seq., SMCRA regulations, 30 C.F.R. § <br />700, et seq., and applicable permit conditions. <br />I. Introduction <br />On October 20, 2017, WildEarth Guardians filed a citizen complaint and request for <br />inspection with OSMRE pursuant to 30 U.S.C. §§ 1267(h)(1) and 1271(a), and 30 C.F.R. § <br />842.12(a). The complaint alleged violations of SMCRA, regulations implementing SMCRA, and <br />applicable permit conditions with regards to Mountain Coal Company's (a subsidiary of Arch <br />Coal Company (hereinafter "Arch Coal")) West Elk coal mine. See Exhibit 1, WildEarth <br />Guardians, "Complaint and Request for Inspection Over Failure of West Elk Mine, Permit <br />Number C-1980-007, to Comply with Applicable State and Federal State and Federal Coal <br />