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April 21, 2014 C- 1981- 012/New Elk Mine LDS <br />ENFORCEMENT ACTIONS /COMPLIANCE <br />Infraction Number: CV2013009 <br />The NOV has yet to be abated. <br />The abatement requires that the diversion ditch above the RDA be brought into compliance with <br />its design. <br />TR69 has been submitted to re- design the ditch to take account of on- the - ground conditions. The <br />TR has been reviewed by the division, and an initial adequacy letter was sent to NECC on April 3, 2014. <br />Most of the earth -work to bring the ditch into compliance with the proposed design has been completed. <br />It has been stressed to NECC repeatedly that the TR must be reviewed and approved by <br />April 29, 2014, if the abatement is to be completed by April 30, 2014, and the requirement for a <br />Failure to Abate Cessation Order (and accompanying financial penalty) avoided. <br />Number of Partial Inspection this Fiscal Year: 6 <br />Number of Complete Inspections this Fiscal Year: 4 <br />Page 8 of 23 <br />