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June 18, 2020 C-1980-007/West Elk Mine LDS <br />ENFORCEMENT ACTIONS/COMPLIANCE <br />Infraction Number: CO2020001 <br />Inspection Date: June 10, 2020 <br />Date Issued: June 18, 2020 <br />Primary Topic: Right of Entry <br />Secondary Topic: other <br />Tertiary Topic: <br />Description: On April 24, 2020 the United States Court of Appeals for the Tenth Circuit issued a <br />mandate ordering the United States District Court for the District of Colorado to vacate the North Fork <br />Exception to the Colorado Roadless Rule. On June 15, 2020 the United States District Court for the <br />District of Colorado entered an order vacating the North Fork Exception to the Colorado Roadless Rule, <br />81 Fed. Reg. 91,811 (Dec. 19, 2016). Notwithstanding BLM coal leases C-1362 and COC -67232, after <br />reviewing the relevant facts and Orders from the 10th Circuit and the United State District Court, the <br />Division has determined that Mountain Coal has failed to maintain its legal right to enter the Sunset <br />Roadless area at the West Elk Mine. Mountain Coal must immediately cease all surface disturbing <br />activities in longwall panels LWSS-1, LWSS-2, LWSS-3, and LWSS-4 at the West Elk Mine. If <br />Mountain Coal is currently conducting any surface disturbing activities, it must immediately stop and <br />stabilize the area(s) to prevent any off-site impacts pursuant to the Colorado Surface Coal Mining <br />Reclamation Act. The Division further determines that a condition of significant imminent environmental <br />harm exists. <br />Abatement #: 1 <br />Abatement Due Date: 9/14/2020 <br />Abatement Due Extended Date: <br />Abatement Date: <br />Abatement Description: Notwithstanding BLM leases C-1362 and COC -67232, Mountain Coal <br />must provide the Division with detailed information regarding its assertion that it maintains legal right of <br />entry to the Sunset Roadless area and why it is not in direct conflict with the District Court order vacating <br />the North Fork Exception to the Colorado Roadless Rule. <br />Number of Partial Inspection this Fiscal Year: 9 <br />Number of Complete Inspections this Fiscal Year: 4 <br />Page 4 of 8 <br />