2014-03-03_ENFORCEMENT - C1981012

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C O L O 0.A D O COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY DIVISION Of RECLAMATION MI &NG 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866 -3567 SAFETY EXTENSION OF TIME FOR ABATEMENT NOTICE FOR NOTICE OF VIOLATION OR CESSATION ORDER FOR COAL OPERATION TO: THE OPERATOR AND PERMITTEE OF THE MINE DESCRIBED BELOW Cessation Order No. Date NOV or CO Issued: Mine: Operator (If Other than Permittee): CV- 2013 -009 November 25, 2013 New Elk Mine New Elk Coal Company, LLC Notice of Violation No. Permit No.: County CV- 2013 -009 C- 1981 -012 Las Animas Type of Mine: Underground Mail Address: 12250 Highway 12 Permittee: New Elk Coal Company, LLC Weston, CO 81091 Mail Address: 12250 Highway 12 Weston, CO 81091 In Violation CV- 2013 -009, the deadline for abatement of the practice, condition or violation described was fixed as described below. It is hereby found that the operator has failed to abate such practice, condition or violation, or cannot complete abatement within the time allowed, but that such failure is not due to lack of diligence on the part of the operator. The time for abatement is therefore extended as follows: Abatement Description Original Date Extended Step Due Due Date 1 Construct the RDA upland diversion ditch so that is in January 24, April 30, compliance with the approved design 2014 2014 DIVISION OF RECLAMATION, MINING AND SAFETY Date of Issue: March 3, 2014 By: �� (Signature of Authorized Representative) Leigh D. Simmons Environmental Protection Specialist [Signature of Division Director, if extension is beyond 90 days, pursuant to Rule 5.03.2(2)(e)]. The Division's justification for approving the extension beyond 90 days is attached.