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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 10th 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)(j) 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 LWSS4, 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. _ <br />Notice of Violation No. within the time <br />subsequently extended. <br />Operation(s) to be Ceased Immediately: <br />Page 3 of 4 <br />included in <br />for abatement originally fixed or <br />