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Because DRMS lacked sufficient information needed to verify whether Mountain Coal <br />had a legal right of entry to conduct road -building activities on the Sunset Roadless Area, the <br />Division's completeness finding with respect to the MR -446 application was premature. <br />II. Mountain Coal Lacks a Legal Right of Entry to Build Roads within the Sunset <br />Roadless Area. <br />With the vacatur of the North Fork Exception, Mountain Coal lacks a legal right of entry <br />to conduct surface -disturbing activities on the Sunset Roadless Area. Consequently, DRMS's <br />decision to approve MR -446 violated MLRB regulations, which specifically require permit <br />applicants to provide "a description of the documents upon which the applicant bases his or her <br />legal right to enter and begin surface coal mining operations in the permit area." MLRB Rule <br />2.03.6(1). The decision by DRMS to approve MR -446 despite the federal court decision vacating <br />the North Fork Exception — an essential underpinning of West Elk's claim to have a legal right to <br />construct roads within the Sunset Roadless Area — was arbitrary, capricious, and unlawful. <br />Conservation Groups further reserve the right to supplement this Petition with additional <br />grounds for appeal within the 10 day appeal period provided by MLRB rule 2.08.4(6)(c)(iii). <br />CONCLUSION <br />DRMS has an obligation to ensure that Mountain Coal's coal mining activities are <br />lawfully conducted in accordance with CO SCMRA, MLRB Rules, and the conditions of its <br />permit. With the vacatur of the North Fork Exception underlying Mountain Coal's purported <br />claim to legal entry upon the Sunset Roadless Area, Mountain Coal lacks a legal right of entry to <br />conduct road -building and tree -cutting activities within the Sunset Roadless Area. Accordingly, <br />DRMS's decision to deem complete Mountain Coal's MR -446 application was premature, and <br />the Division's decision to approve MR -446 was unlawful. <br />We appreciate DRMS's issuance of the June 17 Cessation Order immediately halting <br />further unlawful development on the Sunset Roadless Area. However, it is troubling that DRMS <br />failed to confirm Mountain Coal's legal right of entry prior to issuing MR -446. Accordingly, we <br />request that DRMS withdraw its June 15, 2020 approval of MR -446 as unlawfully and <br />improvidently granted. <br />If you have any questions about this request, please contact Daniel Timmons at (505) <br />570-7014. We look forward to the scheduled hearing within 30 days of receipt of this request, <br />according to MLRB Rule 2.7.4(3)(a). Thank you for your attention to this matter. <br />11 <br />