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COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />DIV51 N Oi <br />RECLAMATION <br />MINING 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866 -3567 <br />SAFETY <br />EXTENSION OF TIME FOR ABATEMENT NOTICE <br />FOR NOTICE OF VIOLATION OR CESSATION ORDER FOR COAL OPERATION <br />TO: THE OPERATOR AND PERMITTEE OF THE MINE DESCRIBED BELOW <br />Cessation <br />Order No. <br />Date NOV or <br />CO Issued: <br />Mine: <br />Operator (If <br />Otherthan <br />Permittee): <br />Mail Address <br />CV- 2013 -009 <br />December 2, 2013 (date served) <br />New Elk Mine <br />New Elk Coal Company, LLC <br />Notice of <br />Violation No. <br />Permit No.: <br />CV- 2013 -009 <br />C- 1981 -012 <br />County: Las Animas <br />Type of Mine: Underground <br />12250 Highway 12 Permittee: New Elk Coal Company, LLC <br />Weston, CO 81091 Mail Address: 12250 Highway 12 <br />Weston, CO 81091 <br />In Violation CV- 2013 -009, the deadline for abatement of the practice, condition or violation described <br />was fixed as described below. It is hereby found that the operator has failed to abate such practice, <br />condition or violation, or cannot complete abatement within the time allowed, but that such failure is <br />not due to lack of diligence on the part of the operator. The time for abatement is therefore extended <br />as follows: <br />Abatement Description Original Date Extended <br />Step Due Due Date <br />1 Construct the RDA upland diversion ditch so that is in January 24, March 2, <br />compliance with the approved design 2014 2014 <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Date of Issue: February 21, 2014 <br />By: <br />(Signature of Authorized Representative) [Signature of Division Director, if extension is beyond 90 days, <br />pursuant to Rule 5.03.2(2)(e)]. The Division's justification for <br />approving the extension beyond 90 days is attached. <br />Leigh D. Simmons <br />Environmental Protection Specialist <br />