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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http: / /mining.state.co.us <br />NOTICE OF VIOLATION <br />NOV No. <br />CV- 2014 -008 <br />Mine: <br />Elk Creek Mine <br />Permit No.: <br />C- 1981 -022 <br />County: <br />Delta, Gunnison <br />Type of Mine: <br />Underground <br />Permittee: <br />Oxbow Mining, LLC <br />Operator (If <br />Oxbow Mining, LLC <br />Mail Address: <br />P.O. Box 535 <br />Other than <br />3737 Highway 133 <br />Permittee): <br />Somerset, CO 81434 <br />Mail Address: <br />P.O. Box 535 <br />Date /Time of <br />October 28, 2014 <br />3737 Highway 133 <br />Inspection: <br />Somerset, CO 81434 <br />Inspector: <br />James R. Stark <br />Served by: <br />James R. Stark <br />Person Served: <br />Jim Kiger <br />(Signature of Person Served) <br />(Please Print Name and Title) <br />CERTIFIED MAIL NO. <br />7012 3460 0000 6384 6259 <br />(Signature of Authorized Representative of the <br />Division of Reclamation, Mining and Safety) <br />Date and Time of Service: <br />12/9/2014 1:28 PM <br />The Division of Reclamation, Mining and Safety ( "the Division ") has conducted an inspection of the <br />above mine and has made the findings stated in the attached schedule and has found violations of the <br />Colorado Surface Coal Mining Reclamation Act, or violations of required permit conditions, listed in the <br />attached schedule. This notice constitutes a separate notice of violation for each violation listed. <br />You must abate each of these violations within the designated abatement time. Where the remedial <br />action requires submission of plans, the plans are to be submitted to the Division within the designated <br />time. You are responsible for doing all work in a safe manner in compliance with all applicable laws <br />and regulations. <br />The undersigned finds that cessation of mining is is not X_ expressly, or in practical effect, <br />required by this notice. For this purpose, "mining" means extracting coal from the earth or from a waste <br />pile and transporting it within or from the mine site. <br />C.R.S. 1973, 34- 33- 123(8) provides for imposition of civil penalties of up to $5,000 for each violation <br />and provides that each day of continuing violation may be deemed a separate violation. <br />Important. Please read the reverse side of this page. <br />