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April 15,2021 C-1980-007/West Elk Mine LDS <br /> SLIDES and DAMAGE-Rule 4.12: <br /> A small landslide had deposited rock and soil onto the RPEE haul road. The road was still passable. The <br /> roadside ditch was compromised,however there was no potential for any offsite impacts.MCC surface crews were <br /> aware of the slide and were preparing to remove the material. <br /> The slump of the MSB was inspected. There was no sign of any recent movement. The rock-work on the <br /> outslope appeared stable. The slumped area on the bench itself had not been repaired.MCC staff continue to <br /> monitor the area, <br /> DOCUMENTS RECEIVED <br /> N/A <br /> OTHER(SPECIFY) <br /> N/A <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 loth 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: 9/14/2020 <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: 9 <br /> Number of Complete Inspections this Fiscal Year: 3 <br /> Page 3 of 11 <br />