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December 16,2021 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 10t1i 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: 5 <br /> Number of Complete Inspections this Fiscal Year: 2 <br /> Page 5 of 9 <br />