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is the subject of pending litigation." MLRB Rule 2.03.6(1). Moreover, "[t]he permit application, <br />all supporting documentation and any stipulations or conditions" are a "binding part of the <br />permit." DRMS, Proposed Decision and Findings of Compliance for the West Elk Mine C-1980- <br />007, Permit Revision No. 15, at 3 (Sept. 4, 2018). At the time of DRMS's decision to approve <br />PR -15, the legality of Mountain Coal's purported right of entry upon lands within the Sunset <br />Roadless Area was under litigation, as described above. That litigation has now been resolved by <br />the Tenth Circuit's decision ordering vacatur of the North Fork Exception, leaving Mountain <br />Coal without a legal right of entry upon the Sunset Roadless Area. Accordingly, Mountain Coal <br />is now in violation of MLRB Rule 2.03.6(1) and PR -15. <br />IV. The Duty to Inspect, Enforce, and Issue a Cessation Order. <br />Any person may provide a written request to DRMS for an inspection of surface coal <br />mining operations. See C.R.S. 34-33-123(1); MRLB Rules, Section 5.02.5(1). Where the request <br />gives DRMS "sufficient basis to believe" that any violation of CO SCMRA, MLRB Rules, or <br />any condition of a permit has occurred, DRMS is required to conduct the inspection within 10 <br />days C.R.S. 34-33-123(1); MRLB Rules, Section 5.02.5(1)(a). DBMS will have "sufficient basis <br />to believe" that a violation exists if, "[t]he request alleges facts that, if true, would constitute <br />[such a] violation[]." MLRB Rules, Section 5.02.5(1)(b)(i). Here, Conservation Groups' <br />allegations meet this standard, as they allege and demonstrate that Mountain Coal lacks a legal <br />right of entry onto the Sunset Roadless Area lands covered by PR -15, in violation of MLRB Rule <br />2.03.6(1), and that Mountain Coal's surface -disturbing activities are in violation of the Colorado <br />Roadless Rule. 36 C.F.R. §§ 294.4244. <br />If an inspection confirms that a violation of CO SCMRA, MLRB Rules, or any condition <br />of a permit exist at a surface coal mining operation, DBMS shall issue a notice of violation to the <br />operator. See MLRB Rules, Section 5.03.2(2). However, where a violation "creates an imminent <br />danger to the health or safety of the public or is causing or can reasonably be expected to cause <br />significant environmental harm to land, air, or water resources," DRMS "shall immediate order a <br />cessation of surface coal mining and reclamation operations ... or of the relevant portion <br />thereof." MLRB Rules, Section 5.03.2(1)(a). Given Mountain Coal's recent and imminently <br />planned road -building and other construction activities within the Sunset Roadless Area, these <br />violations are causing or can reasonably be expected to cause significant, imminent <br />environmental harm to the relatively undisturbed sub -alpine environment of the Sunset Roadless <br />Area. At an absolute 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 />Accordingly, DRMS should promptly conduct an inspection and take enforcement action, <br />including ordering Mountain Coal to cease road -building, tree cutting, and any other activities <br />inconsistent with the Colorado Roadless Rule. <br />n <br />