2020-10-12_ENFORCEMENT - C1980007 (3)

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14. Under section 34-33-110(2)0), C.R.S., and Rule 2.03.6, a permitee must establish that it has a legal right to enter and commence coal mining operations. An operator must maintain its legal right to enter throughout the life of the permit. Vacatur of the federal North Fork Exception to the Colorado Roadless Rule, caused Operator to lose its legal right to enter and build roads on lands within the Sunset Roadless Area. 15. Section 34-33-123(1), C.R.S. requires the Division to issue cessation orders whenever an inspection allows it to determine that any violation of the Act or Rules causes or can reasonably be expected to cause "significant imminent environmental harm to land, air, or water resources." Continued roadbuilding and other surface disturbances in the Sunset Roadless Area without an exemption or other right to enter and conduct those operations causes or can be reasonably expected to cause significant environmental harm to land resources. ORDER Based on the foregoing findings of fact and conclusions of law, the Board hereby AFFIRMS the Division's Cessation Order CO-2020-001. DONE AND ORDERED this �_ day of x. 2020. FOR THE COLORADO MINED LAND RECLAMATION BOARD Nell Wareham -Morris, Chair NOTICE OF JUDICIAL REVIEW RIGHTS This order becomes effective and final upon mailing. Any party adversely affected or aggrieved by agency action may commence an action for judicial review by filing a complaint with the district court within thirty-five (35) days after the effective date of this order, pursuant to section 24-4-106, C.R.S. (2019) and the Colorado Rules of Civil Procedure. In the event that a complaint for judicial review is filed, designations of record made in accordance with section 24-4-106(6), C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, Denver, CO 80203, Attention: Camie Mojar. Mountain Coal Company, LLC. West Elk Mine, CO-2020-001, Permit No. C-198-007 4