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<br /> <br />Page 3 of 4 <br /> <br /> <br />Cessation Order No.: CO-2024-001 <br /> <br />Nature of Condition, Practice, or Violation: <br /> <br />On May 30, 2024, the Division issued the following 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 />NECC had extended the abatement deadline to the full 90 days allowed by Rule 5.03.2(2)(b). The final abatement <br />deadline, set for August 28, 2024, has passed. The Division finds that NECC has failed to abate the violation, and <br />therefore has issued this cessation order in accordance with Rule 5.03.2(3). <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 />Portion of the Operation to which Order 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 />Findings - (Check the appropriate blank): <br /> The condition, practice, or violation is creating an imminent danger to the health or safety of the <br />public.