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t <br />OGCC <br />GCC Energy, LLC <br />En r Telephone: 970.385.4528 6473 County Road 120 <br />9 y "Safetyas a Value' Facsimile: 970.385.4638 Hesperus, Co 81326 <br />May 26, 2015 <br />State of Colorado I%r. D <br />Division of Reclamation, Mining & Safety <br />691 CR 233, Suite A-2 MAY 2 6 2015 <br />Durango, CO 81301 <br />DIVISION OF RECLAMATION <br />MINING AND SAFETY <br />Attn: Marcia Talvitie, Reclamation Specialist <br />Re: GCC Energy, LLC, King II Mine <br />CDRMS Permit # C-81-035 <br />Written Response to NOV (Infraction Number: CV -2015-001) <br />Ms. Talvitie: <br />Pursuant to Rule 5.04.3(1), within 15 days of service, the Operator "may submit <br />written information about the violation to the Division. The Division shall consider any <br />information so submitted in determining the facts surrounding the violation and the <br />amount of the civil penalty to be proposed...". <br />NOV Summary <br />➢ The violation was determined to be out of compliance during a Complete <br />Inspection performed on April 21, 2015. A certified copy of the NOV was received <br />by GCC on May 11, 2015. <br />➢ The description of the NOV in the Inspection Report was identified as: <br />• Failure to have obtained final approval before creating a surface disturbance <br />associated with underground mining activities <br />• Failure to maintain a support facility so as to prevent damage to public <br />property <br />• Failure to have salvaged and stockpiled topsoil <br />• Failure to have maintained a disturbed area runoff collection ditch <br />➢ The abatement due date was set for May 22, 2015. <br />➢ The NOV was abated May 18, 2015 on a partial inspection <br />