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March 31, 2021 C-1980-007/West Elk Mine LDS <br />area for longwall panel SS2 prior to the vacatur of the North Fork Exception. MCC is permitted to <br />construct two additional drill pads in the Sunset Roadless area for longwall panel SS2. MCC is permitted <br />to drill mine ventilation boreholes on the drill pads constructed in the Sunset Roadless area for longwall <br />panel SS2. <br />MCC is not permitted to construct any additional roads in the Sunset Roadless area for longwall <br />panel SS2. <br />MCC is not permitted to conduct any ground disturbing activities in the Sunset Roadless area for <br />longwall panels 3 or 4, or any area not discussed above. <br />Abatement #: 2 <br />Abatement Due Date: 12/11/2020 <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. This abatement step is specific to longwall <br />panels SS3 and SS4 in the Sunset Roadless area. <br />On October 29, 2020, the 10t" Circuit Court of Appeals issued an Order stating: "Pending our <br />consideration of the appeal, we enjoin Appellee Mountain Coal Company from imminently bulldozing <br />additional drilling pads on [the road constructed after issuance of this court's April 24, 2020, mandate in <br />No. 18-1374] and drilling methane ventilation boreholes in preparation for coal mining in the Sunset <br />Roadless Area." <br />Cessation Order CO-2020-001 remains in place, however the Appeals Court Order controls the Cessation <br />Order. <br />Number of Partial Inspection this Fiscal Year: 8 <br />Number of Complete Inspections this Fiscal Year: 3 <br />Page 4 of 14 <br />