2018-05-29_ENFORCEMENT - C1980007 (2)

Home Browse Search

N� �;I,;T'4. United States Department of the Interior g OFFICE OF SURFACE MINING Reclamation and Enforcement • 4C Western s. °'� Western Region Office 1999 Broadway, Suite 3320 Denver, CO 80202-3050 MAY 2 9 2018 James Stark Director, Coal Regulatory Program Colorado Division of Reclamation, Mining and Safety 1313 Sherman St., Room 215 Denver, Colorado 80203 RE: Ten Day Notice and Citizen Complaint — Fugitive Dust Emissions at West Elk Mine Dear Mr. Stark: On May 22, 2018, the Office of Surface Mining Reclamation and Enforcement (OSMRE) received a Citizen Complaint from WildEarth Guardians alleging that Arch Coal was failing to control fugitive dust emissions from coal piles at the West Elk mine. In accordance with 30 CFR 842.11(b)(2), an authorized representative will have reason to believe a violation exists if the facts alleged by an informant would, if true, constitute a violation of the Program under the Surface Mining Control and Reclamation Act. In such case, the authorized representative must issue a Ten -Day Notice (TDN) because there is reason to believe a violation exists. WildEarth Guardians alleges that Arch Coal is failing to meet air pollution control requirements set forth at Colorado Rule §4.17. As a result, we have prepared the enclosed TDN identifying the potential violation at the West Elk mine. A copy of WildEarth Guardians' complaint is also enclosed. Please respond as directed in 30 CFR 842.11 within ten business days by taking appropriate action to cause the violation to be corrected or show good cause for such failure. Appropriate action and good cause are explained at 30 CFR 842.1 l(b)(1)(ii)(B)(3) and (4). If you have any questions or require additional time to respond, please contact Christine Belka at (303) 293-5020 or cbelka@osmre.gov. Sincerely, Howard Strand, Manager OSMRE Denver Field Branch Enclosures (2)