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<br />Page 3 of 3 <br /> <br />SCHEDULE TO NOTICE OF VIOLATION <br /> <br />Notice of Violation No.: CV-2024-001 <br /> <br />NATURE OF VIOLATION: <br /> <br />During the records review, conducted as part of a complete inspection of the Lorencito Canyon Mine (permit <br />number C-1996-084), operated by New Elk Coal Company, LLC. (“NECC” or “Operator”) in May 2024, the <br />Division found that the certificate certifying NECC has a public liability insurance policy for the operation had <br />expired as of April 2024. At the time of the inspection, NECC’s representative was unsure if the insurance policy <br />had been renewed, and by the time of the inspection report issuance, proof of insurance had not been provided to <br />the Division. Also, NECC did not have or provide satisfactory evidence they had satisfied applicable State or <br />Federal self-insurance requirements. <br /> <br />This is a violation for failure to maintain a certificate certifying that NECC has a public liability insurance policy <br />in full force and effect during the term of the permit or any renewal, including the term of all reclamation <br />operations; or, in lieu of a certificate for public liability insurance policy, satisfactory evidence NECC has satisfied <br />applicable State or Federal self-insurance requirements pursuant to C.R.S 34-33-110(5) and Rule 2.03.9. <br /> <br /> <br />ACT, REGULATION, OR PERMIT PROVISION(S) VIOLATED: <br />ACT SECTION(S): 34-33-110(5) <br />REGULATIONSECTION(S): 2.03.9 <br />PERMIT SECTION(S): Exhibit 03 <br /> <br /> <br />PORTION OF THE OPERATION TO WHICH THIS NOTICE APPLIES: <br />This notice applies to the entire surface coal mining operation at the Lorencito Canyon Mine under permit C- <br />1996-084. The Operator is found in violation for failure to comply with C.R.S 34-33-110(5) and Rule 2.03.9. <br /> <br /> <br /> <br /> <br /> <br />STEPS NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION): <br /> <br />Abatement Step # Description <br />1 New Elk Coal Company, LLC. shall submit to the Division for inclusion in the permit <br />application, a certificate certifying that the applicant has a public liability insurance policy in <br />force for the surface coal mining and reclamation operation. Or, in lieu of a certificate for <br />public liability insurance policy, satisfactory evidence that NECC has satisfied applicable <br />State or Federal self-insurance requirements in accordance with Rule 2.03.9. <br /> <br /> <br />TIME FOR ABATEMENT (NOT MORE THAN 90 DAYS): <br />ON OR BEFORE last abatement due date <br />Abatement Step # Due Date <br />1 July 1, 2024 <br />