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April 18, 2018 <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />RECLAMATION AND ENFORCEMENT <br />Western Region <br />1999 Broadway St., Suite 3320 <br />Denver, CO 80202-3050 <br />Ms. Shannon Hughes <br />Mr. Jeremy Nichols <br />Wild Earth Guardians <br />2590 Walnut Street <br />Denver, CO 80205 Certified Mail <br />Re: Request for Informal Review of November 28, 2017 Denver Field Branch Decision —Citizen Complaint <br />and Request for Inspection — West Elk Mine <br />Dear Ms. Hughes and Mr. Nichols: <br />On December 8, 2017, the Office of Surface Mining Reclamation and Enforcement (OSMRE) received WildEarth <br />Guardians' (WEG) "Request for Informal Review of a Denial of a Citizen Complaint Filed Pursuant to the Surface <br />Mining Control and Reclamation Act" (Request for Informal Review). The Request for Informal Review is dated <br />December 6, 2017, and it was sent in accordance with 30 U.S.C. § 1267(h) and 30 C.F.R. § 842.15. <br />The Request for Informal Review follows a November 28, 2017, decision by the OSMRE Denver Field Branch <br />(DFB) denying your October 20, 2017, "Complaint and Request for Inspection Over Failure of West Elk Mine, <br />Permit Number C-1980-007, to Comply With Applicable State and Federal State and Federal [sic] Coal Mining <br />Laws and Regulations" (Complaint). That Complaint alleged violations of federal and state coal mining laws, <br />regulations, the federal mining plan required by the Mineral Leasing Act (MLA), and applicable permits based <br />upon alleged violations of clean air laws and regulations at the Arch Coal, Inc., Mountain Coal Company, LLC, <br />(MCC) West Elk Mine located in Gunnison County, Colorado. <br />Following a detailed review of all available information, I am affirming the November 28, 2018 decision issued by <br />the DFB. My finding is explained below. <br />Background <br />Statutory and Regulatory Background <br />Section 517(h)(1) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) provides that any person <br />who may be adversely affected by a surface mining operation may notify OSMRE in writing of any violation of <br />the Act which he has reason to believe exists at the surface mining site. 30 U.S.C. § 1267(h)(1). That provision <br />