2020-12-04_INSPECTION - C1980007

• Permit No: C1980007
• IBM Index Class Name: Inspection
• Doc Date: 12/4/2020
• Doc Name: Inspection Report
• From: DRMS
• To: Mountain Coal Company, LLC
• Inspection Date: 11/30/2020
• Email Name: LDS
• Email Name: JDM
• Media Type: D
• Archive: No

November 30, 2020 C-1980-007/West Elk Mine LDS
area for longwall panel SS2 prior to the vacatur of the North Fork Exception. MCC is permitted to
construct two additional drill pads in the Sunset Roadless area for longwall panel SS2. MCC is permitted
to drill mine ventilation boreholes on the drill pads constructed in the Sunset Roadless area for longwall
panel SS2.
MCC is not permitted to construct any additional roads in the Sunset Roadless area for longwall
panel SS2.
MCC is not permitted to conduct any ground disturbing activities in the Sunset Roadless area for
longwall panels 3 or 4, or any area not discussed above.
Abatement #: 2
Abatement Due Date: 12/11/2020
Abatement Due Extended Date:
Abatement Date:
Abatement Description: Notwithstanding BLM leases C-1362 and COC-67232, Mountain Coal
must provide the Division with detailed information regarding its assertion that it maintains legal right of
entry to the Sunset Roadless area and why it is not in direct conflict with the District Court order vacating
the North Fork Exception to the Colorado Roadless Rule. This abatement step is specific to longwall
panels SS3 and SS4 in the Sunset Roadless area.
On October 29, 2020, the 10t1i Circuit Court of Appeals issued an Order stating: "Pending our
consideration of the appeal, we enjoin Appellee Mountain Coal Company from imminently bulldozing
additional drilling pads on [the road constructed after issuance of this court's April 24, 2020, mandate in
No. 18-1374] and drilling methane ventilation boreholes in preparation for coal mining in the Sunset
Roadless Area."
Cessation Order CO-2020-001 remains in place, however the Appeals Court Order controls the Cessation
Order
Infraction Number: CV2020001
Inspection Date: October 23, 2020
Date Issued:
Primary Topic: Subsidence
Secondary Topic: Hydrologic Balance
Tertiary Topic:
Description: Failure to conduct subsidence survey; failure to protect hydrologic balance
Abatement #: 1
Abatement Due Date: 12/1/2020
Abatement Due Extended Date: 12/30/2020
Abatement Date:
Abatement Description: Submit a technical revision to: (1) reconcile the mine plan with the
subsidence survey and include the information in an updated subsidence control plan as required by
2.05.6(6)(1); (2) update predictions of probable hydrologic consequences as necessary.
Number of Partial Inspection this Fiscal Year: 6
Number of Complete Inspections this Fiscal Year: 1
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