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SOeNTOF1)y, United States Department of the Interior <br />o``pP •\tiJ � <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />y a9 Western Region Office <br />ARCH 3. �a 1999 Broadway, Suite 3320 <br />Denver, CO 80202-3050 <br />MAY 2 9 2018 <br />RECEIVED <br />James Stark <br />Director, Coal Regulatory Program MAY Qo �$ <br />Colorado Division of Reclamation, Mining and Safety DIVISION OF RECLAMATION <br />1313 Sherman St., Room 215 MINING AND S FETy <br />Denver, Colorado 80203 <br />RE: Ten Day Notice and Citizen Complaint — Fugitive Dust Emissions at West Elk Mine <br />Dear Mr. Stark: <br />On May 22, 2018, the Office of Surface Mining Reclamation and Enforcement (OSMRE) <br />received a Citizen Complaint from WildEarth Guardians alleging that Arch Coal was failing to <br />control fugitive dust emissions from coal piles at the West Elk mine. In accordance with 30 CFR <br />842. 11 (b)(2), an authorized representative will have reason to believe a violation exists if the <br />facts alleged by an informant would, if true, constitute a violation of the Program under the <br />Surface Mining Control and Reclamation Act. In such case, the authorized representative must <br />issue a Ten -Day Notice (TDN) because there is reason to believe a violation exists. <br />WildEarth Guardians alleges that Arch Coal is failing to meet air pollution control requirements <br />set forth at Colorado Rule §4.17. As a result, we have prepared the enclosed TDN identifying <br />the potential violation at the West Elk mine. A copy of WildEarth Guardians' complaint is also <br />enclosed. <br />Please respond as directed in 30 CFR 842.11 within ten business days by taking appropriate <br />action to cause the violation to be corrected or show good cause for such failure. Appropriate <br />action and good cause are explained at 30 CFR 842.11(b)(1)(ii)(13)(3) and (4). <br />If you have any questions or require additional time to respond, please contact Christine Belka at <br />(303) 293-5020 or cbelka@osmre.gov. <br />Sincerely, <br />Howard Strand, Manager <br />OSMRE Denver Field Branch <br />Enclosures (2) <br />