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November 9, 2021 C-1980-007/West Elk Mine LDS <br /> section of culvert and the remnants of geotextile visible on the stream bank below the crossing point. It appeared <br /> that the entire flow of the stream currently flows on the surface over the crossing point, and it is likely that the <br /> crossing point will continue to erode.At the time of the inspection the crossing point would have been hazardous <br /> to pass in a light 4WD truck, and impassable with heavier equipment. Repairs will be needed before the crossing <br /> point can be used for future mine operations. <br /> SUPPORT FACILITIES - Rule 4.04: <br /> Contractors with D and S Underground of Hotchkiss,CO had been delayed in their work to reclaim the <br /> surface disturbances associated with the SS1 and SS2 panels by bad weather. It was still intended that this work <br /> would be completed before winter.No attempt was made to inspect the area. <br /> Bob Munz of MCC and Dan Gray of the USFS Paonia Ranger District were working together to lay out <br /> future road locations in the east of the permit area at the time of the inspection. Roads on the forest were muddy in <br /> places, and it was not possible to reach their location in the state vehicle. <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 /> Number of Partial Inspection this Fiscal Year: 4 <br /> Number of Complete Inspections this Fiscal Year: 2 <br /> Page 3 of 11 <br />