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character, and safeguard the ecological integrity of all federal public lands in the vicinity of the <br />White River National Forest, including the lands at issue in this case. <br />Conservation Groups' specific concerns with DRMS' MR -446 decision are discussed <br />briefly below. <br />REASONS FOR OBJECTION <br />The Tenth Circuit decision to vacate the North Fork Exception eliminates the legal basis <br />for DRMS's authorization of Permit Revision 15 (PR -15) to Permit C-1980-007, as further <br />amended by MR -446, which authorized surface coal mining and reclamation operations at West <br />Elk within the Sunset Roadless Area. As explained, vacatur of the North Fork Exception means <br />that the Exception was never lawfully in place, and that Mountain Coal did not obtain any right <br />to violate the Colorado Roadless Rule in its leases or permit approvals. See Harper v. Virginia <br />Dep't of Taxation, 509 U.S. at 97; Sec. Indus. Bank, 459 U.S. at 79. <br />Mountain Coal itself recognized in its Tenth Circuit briefing that a vacatur order would <br />preclude its ability to construct roads within the Lease Modifications. See Exhibit D. Yet despite <br />its clear representations, Mountain Coal has sought legal cover from DRMS to greenlight the <br />company's plans to continue road -building and mining -related activities within the Sunset <br />Roadless Area, through DRMS approval of MR -446. <br />Absent the North Fork Exception, Mountain Coal lacks a legal right of entry onto the <br />Sunset Roadless Area in violation of MLRB Rule 2.03.6(1). Consequently, any surface coal <br />mining activities, including road -building and tree cutting, are unlawful within the Sunset <br />Roadless Area. 36 CFR § 294.42—.44. Despite the Tenth Circuit's vacatur and Mountain Coal's <br />admitted lack of legal right to enter the Sunset Roadless Area and to conduct surface coal mining <br />activities, including road construction and tree cutting, we understand that during the week of <br />June 1, the company illegally entered the roadless area and completed about a mile of road <br />construction and extensive tree cutting. See Exhibit C. Since June 11, Mountain Coal constructed <br />two drilling pads adjacent to their illegal road. Through its MR -446 application (attached as <br />Exhibit F), Mountain Coal has now sought DRMS approval of the company's plans to continue <br />its illegal construction activity, including additional road and MDW pad construction. In <br />approving MR -446, however, DRMS ignored the governing statute and its own regulations. As a <br />prerequisite to any approval for additional road -building, including through MR -446, DRMS had <br />an affirmative obligation to confirm Mountain Coal's legal authority to build new roads within <br />the Sunset Roadless Area. MLRB Rule 2.03.6(1). <br />' Mountain Coal's unlawful road -building and tree cutting constitute surface coal mining activities that are part of <br />surface coal mining operations consistent with MLRB definitions set forth at Rule 1, Section 1.04(131) and (132). <br />0 <br />