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Attachment 1: The Division's iustification for approving the extension beyond 90 days <br />Notice of violation (NOV) CV 2013 -009 was issued by the Division on November 25, 2013. The <br />NOV was delivered to New Elk Coal Company (NECC) on December 2, 2013, according to the <br />certified mail return receipt, so this should be considered the issue date. <br />The NOV was written when the results of a survey indicated that the diversion ditch above the refuse <br />disposal area (RDA) had not been constructed in accordance with the approved design. The single <br />abatement step for the NOV is to construct the RDA upland diversion ditch so that is in <br />compliance with the approved design. <br />NECC initiated work on the ground as soon as conditions allowed, but realized that a partial redesign <br />of the ditch would also be necessary. <br />At the request of NECC, the deadline for the abatement of the NOV was extended to 90 days from the <br />issue date, to March 2, 2014. <br />The new ditch design has been submitted as a Technical Revision to the permit (TR69). The original <br />submission was found incomplete; the updated submission was found complete on February 28, 2014. <br />In the cover letter submitted with TR69, NECC requested a further sixty -day extension to the <br />abatement deadline in order to allow time for the Division's review as well as the public comment <br />period. Assuming that the TR is approved NECC are confident that there will be no trouble <br />completing the work on the ground in the allotted time. <br />