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United States Department of the Interior OF SURFgCF <br />vi 9 a •'� <br />g OFFICE OF SURFACE MINING � � <br />Reclamation and Enforcement v� <br />1a°� Western Region Office 9�ONANDEN�O<� <br />CH s. 1999 Broadway, Suite 3320 <br />Denver, CO 80202-3050 <br />JUN 19 2018 1-%%-c Ea <br />Jim Stark, Coal Program Supervisor JUN 2 2 2018 <br />Division of Reclamation Mining and Safety Division of & S1a aflon' <br />1313 Sherman Street, Room 215 ►Mining <br />Denver, CO 80203 <br />RE: Colorado's Response to Ten Day Notice #X18-140-182-001 and WildEarth Guardians <br />Citizen's Complaint – West Elk Mine Fugitive Dust Emissions <br />Dear Mr. Stark, <br />The Office of Surface Mining Reclamation and Enforcement (OSMRE) received your letter, <br />dated June 11, 2018, responding to the Ten -Day Notice (TDN) #X18-140-182-001 issued to your <br />office on May 29, 2018. This TDN transmitted WildEarth Guardians' citizen's complaint <br />pertaining to fugitive dust emissions from coal stockpiles at the West Elk Mine for your review <br />and response. <br />Pursuant to OSMRE's INE -35 and applicable regulation, the Field Office shall consider the <br />regulatory authority's (RA) response to a TDN as constituting appropriate action to cause a <br />violation to be corrected or good cause for failure to do so, unless the Field Office makes a <br />written determination in accordance with 30 CFR 842.11(b)(1)(ii)(13)(1) that your response is <br />arbitrary, capricious, or an abuse of discretion under the approved regulatory program. OSMRE <br />will not substitute its judgment for that of the RA unless the RA's response is arbitrary, <br />capricious, or an abuse of discretion. <br />Appropriate action includes enforcement or other action authorized under the State program to <br />cause the violation to be abated. Good cause for not taking action includes that the possible <br />violation does not exist, the State regulatory authority requires a reasonable and specified amount <br />of additional time to determine whether a violation exists, or the State lacks jurisdiction over the <br />possible violation or operation. <br />Arbitrary, capricious, or an abuse of discretion generally means, with respect to an RA response <br />to a TDN, that the RA has acted— <br />(1) Irrationally in that the RA's interpretation of its program is inconsistent with the terms <br />of the approved program or any prior RA interpretation recognized by the Secretary of <br />the Interior; <br />