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<br /> <br />Page 3 of 4 <br /> <br /> <br />Cessation Order No.: CO-2024-002 <br /> <br />Nature of Condition, Practice, or Violation: <br /> <br />On June 20, 2024, the Division issued the following violation: <br /> <br />“During the records review, conducted as part of a complete inspection of the New Elk Mine (permit number C- <br />1981-012) operated by New Elk Coal Company, LLC. (“NECC” or “Operator”) in June 2024, the Division found <br />that the certificate certifying NECC has a public liability insurance policy for the operation had expired as of <br />April 2024. At the time of the inspection, NECC’s representative was unsure if the insurance policy had been <br />renewed, and by the time of the inspection report issuance, proof of insurance had not been provided to the <br />Division. Also, NECC did not have or provide satisfactory evidence they had satisfied applicable State or Federal <br />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 September 18, 2024, has passed. The Division finds that NECC has failed to abate the violation, <br />and therefore has issued this cessation order in accordance with Rule 5.03.2(3). <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 3 <br /> <br />Portion of the Operation to which Order applies: <br />This notice applies to the entire surface and underground coal mining operations at the New Elk Mine under <br />permit C-1981-012. The Operator is found in violation for failure to comply with C.R.S 34-33-110(5) and Rule <br />2.03.9. <br /> <br /> <br /> <br /> <br />Findings - (Check the appropriate blank):