2021-03-23_INSPECTION - C1980007

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March 18,2021 C-1980-007/West Elk Mine LDS the North Fork Exception to the Colorado Roadless Rule. On August 25,2020 Mountain Coal Company provided the requested abatement documentation from the US Forest Service and the Bureau of Land Management. The letters from USFS and BLM,the Federal land management agencies,provided clarity regarding their interpretation of the Colorado Roadless Rule and associated rights under the Federal leases related to work associated with panel SS2. Specifically,the letters clarified Mountain Coal's right of entry to access and use the existing road in longwall panel SS2,which was constructed prior to the Federal District Court's vacatur of the North Fork Exception; right of entry to access the two drill pads constructed prior to the vacatur of the North Fork Exception; right of entry to construct two additional drill pads in the Sunset Roadless area for longwall panel SS2; and right of entry to drill mine ventilation boreholes on the drill pads constructed for longwall panel SS2. The letter from USFS provided its determination that the activities outlined herein are consistent with exceptions to the Colorado Roadless Rule, 36 C.F.R. § 294.42(c)(5).The letter from USFS further stated that construction of roads in the Sunset Roadless area for longwall panels SS3 and SS4 is not allowed because of the vacatur of the North Fork Exception. Cessation Order CO-2020-001 was modified on September 17,2020 as follows: Mountain Coal Company(MCC)is permitted access and use of the existing,temporary road constructed in the Sunset Roadless area for longwall panel SS2 prior to the vacatur of the North Fork Exception, and authorized under PR-15.MCC is permitted to access the two drill pads that were constructed in the Sunset Roadless 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 Number of Partial Inspection this Fiscal Year: 7 Number of Complete Inspections this Fiscal Year: 3 Page 4 of 11