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AVCOLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />June 11, 2018 <br />Ms. Christine Belka <br />Senior Regulatory Program Specialist <br />OSMRE — Denver Field Division <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202-3050 <br />RE: Response to Ten Day Notice and Citizen's Complaint — Fugitive Dust Emissions at <br />the West Elk Mine; TDN #18-140-182-001 <br />Dear Ms. Belka: <br />Pursuant to 30 C.F.R. §842.11(b)(1)(ii)(B)(4)(i), the Colorado Division of Reclamation, Mining <br />and Safety (Division) is providing this response to the Ten -Day Notice (TDN) issued by the <br />Office of Surface Mining, Reclamation and Enforcement (OSMRE) in response to a citizen's <br />complaint submitted to OSMRE from WildEarth Guardians (WEG Complaint) dated May 18, <br />2018. The TDN is identified as X18-140-182-001, issued for the West Elk Mine (Permit No. C- <br />1980-007). <br />The TDN was issued by OSMRE on May 29, 2018, and received by the Division on June 1, <br />2018. The Division received a courtesy copy of the WEG Complaint via email on Friday, May <br />18, 2018. As part of its regular course of business, the Division had a partial Inspection & <br />Enforcement (I&E) inspection of the West Elk mine scheduled for May 23, 2018. (Inspection <br />report and attachments included herein as Exhibit A). Due to the possible violations alleged in <br />the WEG Complaint and during the course of the on -the -ground I&E inspection, additional focus <br />was given to the dust control policies and practices at the mine site. <br />In response to the WEG Complaint and OSMRE's subsequent issuance of the TDN, the Division <br />concludes that there are no violations against Mountain Coal Company, LLC's (MCC) West Elk <br />Mine pursuant to the Colorado Surface Coal Mining Act (Act), the Regulations of the Colorado <br />Mined Land Reclamation Board for Coal Mining Rules (Rules), or the approved West Elk Mine <br />permit. <br />The WEG Complaint alleges that MCC is failing to protect and stabilize exposed coal piles to <br />effectively control emissions of fugitive dust resulting from wind erosion. The TDN alleges that <br />MCC is potentially in violation of Rule 4.17. As outlined below, the Division concludes it is <br />properly regulating and enforcing Rule 4.17 for MCC with regard to the subject TDN. <br />Og co� <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining. state. co. us <br />John W. Hickenlooper, Governor I Robert W. Randall, Executive Director Virginia Brannon, Director s <br />