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By U. S. Mail and Email to Camille Mojar, Board Secretary at Camille. mojar@state. co. us
<br />Request of WildEarth Guardians et al. for Formal Hearing on the Decision by the
<br />Colorado Division of Reclamation, Mining and Safety to Approve Minor Revision No. 446
<br />("MR -446") for the West Elk Mine (Permit No. C-1980-007)
<br />Dear Board Members:
<br />On behalf of WildEarth Guardians ("Guardians"), High Country Conservation Advocates
<br />("HCCA"), Sierra Club, Center for Biological Diversity (the "Center"), and Wilderness
<br />Workshop (together, "Conservation Groups"), in accordance with MLRB Rules 2.08.4(6)(c) and
<br />2.07.4(3) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining,
<br />Conservation Groups request a formal hearing before the Colorado Mined Land Reclamation
<br />Board ("the Board") to contest the proposed decision by the Colorado Division of Reclamation,
<br />Mining and Safety ("DRMS") to approve Minor Revision No. 446 ("MR -446") for the West Elk
<br />Mine (Permit No. C-1980-007) near Gunnison, Colorado. Below we detail the reasons for our
<br />request and objections to the proposed decision, in accordance with MLRB Rule 2.08.4(6)(c)(iii).
<br />Conservation Groups ultimately request that DRMS withdraw its June 15, 2020 approval of MR -
<br />446 as unlawfully and improvidently granted.
<br />TIMELY SUBMISSION OF REQUEST
<br />Notice of this decision was posted on the DRMS website on June 15, 2020. MLRB rule
<br />2.08.4(6)(c)(iii) provides that requests must be made within 10 days of such notice.
<br />Consequently, this request is timely.
<br />STATEMENT OF FACTS
<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). The North Fork Exception was formally vacated by the U.S. District Court for
<br />the District of Colorado on June 15, 2020. Minute Order, High Country Conservation Advocates
<br />v. U.S. Forest Serv., No. 1:17-cv-03025-PAB, ECF No. 78 (June 15, 2020) (Exhibit B). Vacatur
<br />of the Exception means that the Colorado Roadless Rule remains in effect with no exception
<br />C�
<br />RECEIVED
<br />June 19, 2020
<br />JUN 2 3 2020
<br />Colorado Mined Land Reclamation Board
<br />DIVISION OF RECLAMATION
<br />MINING AND SAFETY
<br />1313 Sherman Street, Room 215
<br />Denver, CO 80203
<br />By U. S. Mail and Email to Camille Mojar, Board Secretary at Camille. mojar@state. co. us
<br />Request of WildEarth Guardians et al. for Formal Hearing on the Decision by the
<br />Colorado Division of Reclamation, Mining and Safety to Approve Minor Revision No. 446
<br />("MR -446") for the West Elk Mine (Permit No. C-1980-007)
<br />Dear Board Members:
<br />On behalf of WildEarth Guardians ("Guardians"), High Country Conservation Advocates
<br />("HCCA"), Sierra Club, Center for Biological Diversity (the "Center"), and Wilderness
<br />Workshop (together, "Conservation Groups"), in accordance with MLRB Rules 2.08.4(6)(c) and
<br />2.07.4(3) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining,
<br />Conservation Groups request a formal hearing before the Colorado Mined Land Reclamation
<br />Board ("the Board") to contest the proposed decision by the Colorado Division of Reclamation,
<br />Mining and Safety ("DRMS") to approve Minor Revision No. 446 ("MR -446") for the West Elk
<br />Mine (Permit No. C-1980-007) near Gunnison, Colorado. Below we detail the reasons for our
<br />request and objections to the proposed decision, in accordance with MLRB Rule 2.08.4(6)(c)(iii).
<br />Conservation Groups ultimately request that DRMS withdraw its June 15, 2020 approval of MR -
<br />446 as unlawfully and improvidently granted.
<br />TIMELY SUBMISSION OF REQUEST
<br />Notice of this decision was posted on the DRMS website on June 15, 2020. MLRB rule
<br />2.08.4(6)(c)(iii) provides that requests must be made within 10 days of such notice.
<br />Consequently, this request is timely.
<br />STATEMENT OF FACTS
<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). The North Fork Exception was formally vacated by the U.S. District Court for
<br />the District of Colorado on June 15, 2020. Minute Order, High Country Conservation Advocates
<br />v. U.S. Forest Serv., No. 1:17-cv-03025-PAB, ECF No. 78 (June 15, 2020) (Exhibit B). Vacatur
<br />of the Exception means that the Colorado Roadless Rule remains in effect with no exception
<br />
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