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2014-04-30_REVISION - C1981012 (2)
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2014-04-30_REVISION - C1981012 (2)
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Entry Properties
Last modified
8/24/2016 5:43:35 PM
Creation date
5/1/2014 10:03:44 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981012
IBM Index Class Name
Revision
Doc Date
4/30/2014
Doc Name
Revew Letter (Memo)
From
DRMS
To
New Elk Coal Company
Type & Sequence
TR69
Email Name
LDS
SB1
Media Type
D
Archive
No
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611IPZIICI <br />State.co.us Executive Branch Mail - Re: TR -69 <br />As of 3.46 pm today, April 29, 2014, we have not received aan r of the materials for TR69. <br />We must receive all of the materials, including the certified drawings, by tomorrow in order to have a <br />chance to abate the Notice of Violation. <br />The original 90 day deadline for abatement of the NOV was extended by another 60 days to April 30, <br />2014. If this deadline goes by our rules require that we issue a Failure to Abate Cessation Order (Rule <br />5.03.2(3)), with an accompanying civil penalty. Per Rule 5.04.6(3): <br />When a person fails to correct a violation, for which a notice of violation or cessation order has <br />been issued, within the abatement period as originally fixed or subsequently modified, the Division <br />shall assess a civil penalty of not less than $750 for each day during which such failure to correct <br />the violation continues beyond the fixed abatement period. However, the abatement period shall <br />not end until the entry of an order of the court in cases in which judicial review proceedings have <br />been initiated under Section 34 -33 -128 of the Act, and the court has ordered the suspension of the <br />abatement requirements of the notice of violation or cessation order. <br />Additionally, the Failure to Abate Cessation Order would constitute a violation in its own right; this would <br />constitute the third separate occasion within a 12 month period that a Notice of Violation was issued (and <br />the fourth NOV in that period) and would oblige the Division to consider a pattern of violations <br />r <br />r' <br />f <br />�o <br />Department of Natural Resources <br />P 303.866.3567 x 3121 I F 303.832.8106 <br />teigh,simmonsOstate.co.us I http://mining.state.co.us/ <br />On Tue, Apr 29, 2014 at 12:10 PM, Ron Thompson <ronthompsonnewelkcoal , com> wrote: <br />Leigh, <br />just noticed that I have five copies of the certified RDA ditch profile and no copies of the Plan View. <br />think I must have sent you all Plan View by mistake and not no copies of the profile. <br />So attached is a scanned copy of the RDA — Ditch Profile; I will mail three originals to you today. Please <br />return the extra copies of the Plan View at your convenience. <br />https:llmail.g oog le.conVmai I /u /0 / ?ui =2 &i Ire29129fcb5 &viev�-- pt &search =i nbox&th= 145b44e3654cbccf &si ml= 145b44e3654cbccf 2/3 <br />
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