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V <br />June 11, 2020 <br />BY ELECTRONIC MAIL AND U.S. PRIORITY MAIL <br />Ginny Brannon <br />Director <br />Colorado Division of Reclamation, Mining and Safety RECEIVED <br />1313 Sherman St., Rm. 215 <br />Denver, CO 80203 <br />JUN 16 2020 <br />Ginny.brannongstate.co.us DIVISION OF RECLAMATION <br />MINING & SAFETY <br />Re: Request for Inspection Over Failure of West Elk Mine, Permit Number C-1980-007, <br />to Comply With Applicable State Coal Mining Laws and Regulations and Permit <br />Requirements <br />Dear Ms. Brannon: <br />Pursuant to the Colorado Surface Coal Mining Reclamation Act ("CO SCMRA"), C.R.S. <br />34-33-122(7), and Colorado Mined Land Reclamation Board ("MLRB") Regulation 5.02.5(1), <br />High Country Conservation Advocates, WildEarth Guardians, Center for Biological Diversity, <br />Sierra Club, and Wilderness Workshop (collectively, "Conservation Groups") write to inform the <br />Colorado Division of Reclamation, Mining and Safety ("DRMS") of apparent ongoing violations <br />of CO SCMRA, MLRB Rules, and permitting requirements at the West Elk coal mine in <br />Gunnison County, Colorado, Permit No. C-1980-007, operated by Arch Resource's (AKA Arch <br />Coal's) subsidiary Mountain Coal Co. We request that CDRMS inspect and take appropriate <br />action to address these violations pursuant to MLRB Rules 5.02.5 and 5.03.2. Further, because it <br />appears that Mountain Coal lacks a legal right of entry to conduct surface coal mining activities <br />within the Sunset Roadless Area, we request that DBMS issue a cessation order pursuant to <br />MLRB Rule 5.03.2. At a minimum, DRMS must issue an order of cessation until such time as <br />Mountain Coal demonstrates why and how it has a valid right of entry in light of the Tenth <br />Circuit's ruling ordering the vacatur of the North Fork Exception. <br />Underlying this request is a March 2, 2020 federal court decision from the Tenth Circuit <br />ordering vacatur of the North Fork Exception to the Colorado Roadless Rule. High Country <br />Conservation Advocates v. U.S. Forest Serv. ("High Country IP'), 951 F.3d 1217, 1229 (10th Cir. <br />2020) (Exhibit A). Vacatur of the Exception means that the Colorado Roadless Rule remains in <br />effect with no exception authorizing temporary road -building to support coal mining. Because <br />the Colorado Roadless Rule generally prohibits road construction, tree cutting, and linear <br />