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United States Department of the Interior <br />,P'OtNT .it o,.'"�, OFFICE OF SURFACE MININGoFSURF Fly <br />w RECLAMATION AND ENFORCEMENT �=1 <br />Western Region <br />1999 Broadway St., Suite 3320 <br />N,-7CH 3 ,e'9 Denver, CO 80202-3050 <br />JUN 19 2018 <br />Jeremy Nichols <br />Climate and Energy Program Director <br />WildEarth Guardians <br />2590 Walnut Street <br />Denver, Colorado 80205 <br />Dear Mr. Nichols, <br />The Office of Surface Mining Reclamation and Enforcement (OSMRE) has received and reviewed a <br />response to Ten Day Notice (TDN) #X18-140-182-001 from the Colorado Division of Reclamation, <br />Mining and Safety (DRMS). OSMRE has determined that the State has shown good cause for not taking <br />any action because the alleged violation does not exist. Therefore, no further action by OSMRE is <br />required. A copy of the State's response and OSMRE's determination on that response are enclosed. <br />We have also received your letter dated June 6, 2018, stating your concern with DRMS' inspection <br />protocol. Specifically, you indicate that DRMS conducted an inspection on May 23, 2018, without <br />providing you the opportunity to attend, which you believe constitutes a breakdown in the State's <br />implementation of Rule 5.02.5(3). <br />A citizen's complaint submitted to OSMRE does not invoke the State requirements at Colorado Rule <br />5.02.5(3). You provided a courtesy copy to DBMS. Prior to OSMRE transmitting your complaint to <br />DRMS via TDN #X 18-140-182-001, DRMS proactively evaluated air quality control requirements and <br />procedures at the West Elk Mine during its routine monthly inspection. DBMS was under no obligation <br />to notify you or provide you the opportunity to attend its inspection under these circumstances. Had you <br />submitted a complaint and request for State inspection directly to DRMS under Rule 5.02.5(1), the <br />notification requirements under Rule 5.02.5(3) would apply. However, this complaint was submitted to <br />OSMRE under 30 C.F.R. 842.12(a), requesting federal intervention in a primacy state. DRMS acted <br />appropriately and in accordance with its approved program. <br />In accordance with 30 C.F.R. 842.15(a), you may request informal review of our determination on TDN <br />#X18-140-182-001. Any request for review must be in writing and include a statement of how you are <br />or may be adversely affected and why the decision merits review. You should address such request to: <br />