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September 3,2020 C-19 80-007/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 1 Oth 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-I,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: 2 <br /> Number of Complete Inspections this Fiscal Year: 1 <br /> Page 3 of 16 <br />