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Cessation Order No.: CO-2020-001 <br /> Nature of Condition, Practice, or Violation: <br /> On April 24,2020 the United States Court of Appeals for the Tenth Circuit issued a mandate ordering <br /> the United States District Court for the District of Colorado to vacate the North Fork Exception to the <br /> Colorado Roadless Rule. On June 15,2020 the United States District Court for the District of Colorado <br /> entered an order vacating the North Fork Exception to the Colorado Roadless Rule, 81 Fed. Reg. 91,811 <br /> (Dec. 19,2016). Notwithstanding BLM coal leases C-1362 and COC-67232, after reviewing the relevant <br /> facts and Orders from the loth Circuit and the United State District Court,the Division has determined <br /> that Mountain Coal has failed to maintain its legal right to enter the Sunset Roadless area at the West <br /> Elk Mine. Mountain Coal must immediately cease all surface disturbing activities in longwall panels <br /> LWSS-1,LWSS-2,LWSS-3, and LWSS-4 at the West Elk Mine. If Mountain Coal is currently <br /> conducting any surface disturbing activities,it must immediately stop and stabilize the area(s) to prevent <br /> any off-site impacts pursuant to the Colorado Surface Coal Mining Reclamation Act. The Division <br /> further determines that a condition of significant imminent environmental harm exists. <br /> ACT, REGULATION, OR PERMIT PROVISION(S)VIOLATED: <br /> ACT SECTION(S): C.R.S. 34-33-110(2)0) and 34-33-114(2)(f) <br /> REGULATIONSECTION(S): Rules 2.03.6 and 2.07.2 <br /> PERMIT SECTION(S): Permit Section 2.03 and Exhibit 4 <br /> Portion of the Operation to which Order applies: <br /> This order applies to all surface disturbing activities in the Sunset Roadless area,including longwall <br /> panels LWSS-1,LWSS-2,LWSS-3, and LWSS-4, except as expressly permitted herein. Mountain <br /> Coal may access and continue current operations in longwall panel LWSS-1 and may conduct <br /> maintenance and surface stabilization activities in longwall panel LWSS-1 to prevent any off-site <br /> impacts pursuant to the Colorado Surface Coal Mining Reclamation Act. Mountain Coal may conduct <br /> ground stabilization activities in longwall panels LWSS-2,LWSS-3, and LWSS-4. <br /> Findings - (Check the appropriate blank): <br /> The condition, practice, or violation is creating an imminent danger to the health or safety of the <br /> public. <br /> X The condition, practice or violation is causing or can reasonably be expected to cause significant <br /> imminent environmental harm to land, air, or water resources. <br /> The Permittee or Operator has failed to abate violation(s)No. included in <br /> Notice of Violation No. within the time for abatement originally fixed or <br /> subsequently extended. <br /> Operation(s)to be Ceased Immediately: <br /> Page 3 of 4 <br />