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2.03.5 <br />(3)(a) Violation Notice, Identifying Numbers: <br />New Elk Coal Company, LLC T K Mining Services LLC (Prior New Elk Mine Operator) <br />122 West First Street P.O. Box 93 <br />Trinidad, CO 81082 Delta, CO 81416 <br />EIN - 20- 4120615 <br />MSHA ID Nos. 05 -04461 and 05 -00296 <br />Notice of Violation: CV C -2011 -007 <br />Issued by: Division of Reclamation Mining & Safety <br />Issued to: Issued by Certified Mail <br />Issued on: December 16, 2011 <br />(3)(b) Failure to conduct all surface coal mining and reclamation operations only as described in <br />the approved application. Failure to have a copy of the third quarter 2011 refuse pile <br />development waste pile inspection report at the mine office. <br />(3)(c) No administrative or judicial actions. <br />(3)(d) There are no ongoing proceedings for the notice of violation. <br />(3)(e) A plan restore the new development waste pile to approved designs was submitted to the <br />DRMS on December 26, 2011. A technical revision application was submitted to DRMS <br />to obtain approval for the plan to restore the development waste pile to approved designs. <br />Culvert C13 was replaced. A certified copy of the third quarter 2011 refuse pile <br />development waste pile inspection report was sent to the DRMS via certified mail. <br />(3)(f) The notice of violation was terminated on January 11, 2012. <br />(3)(a) Violation Notice, Identifying Numbers: <br />New Elk Coal Company, LLC T K Mining Services LLC (Prior New Elk Mine Operator) <br />122 West First Street P.O. Box 93 <br />Trinidad, CO 81082 Delta, CO 81416 <br />EIN - 20- 4120615 <br />MSHA ID Nos. 05 -04461 and 05 -00296 <br />Notice of Violation: CV C- 2011 -008 <br />Issued by: Division of Reclamation Mining & Safety <br />Issued to: Issued by Certified Mail <br />Issued on: December 16, 2011 <br />(3)(b) Failure to have obtained final approval of a technical revision for surface coal mining <br />operations prior to their implementation. Failure to have salvaged topsoil prior to <br />construction of two unapproved light use roads. <br />(3)(c) No administrative or judicial actions. <br />(3)(d) There are no ongoing proceedings for the notice of violation. <br />(3)(e) A culvert and fill were removed. A dam was removed. Rock silt traps and fill in ditch <br />near southeast corner of Pond 7 were removed. The light use road with switchbacks east <br />of RDA was stabilized with an approved seed mix. A technical revision was submitted to <br />DRMS to obtain approval for all new roads, sediment control systems, culverts and fill. <br />(3)(f) The notice of violation was terminated on February 24, 2012. <br />TR -57 2.03 -9 Revised 08/15/12 <br />