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<br /> <br />Page 4 of 4 <br /> <br /> The condition, practice, or violation is creating an imminent danger to the health or safety of the <br />public. <br /> The condition, practice or violation is causing or can reasonably be expected to cause significant <br />imminent environmental harm to land, air, or water resources. <br /> <br /> <br />X <br />The Permittee or Operator has failed to abate violation(s) No. CV-2024-002 included in Notice of <br />Violation No. CV-2024-002 within the time for abatement originally fixed or subsequently <br />extended. <br /> <br /> <br />Operation(s) to be Ceased Immediately: <br /> <br />The entirety of the disturbed and affected land within the permitted boundaries. <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 application, <br />a certificate certifying that the applicant has a public liability insurance policy in force for the <br />surface coal mining and reclamation operation. Or, in lieu of a certificate for public liability <br />insurance policy, satisfactory evidence that NECC has satisfied applicable State or Federal self- <br />insurance requirements in accordance with Rule 2.03.9. <br /> <br /> <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 September 28, 2024 <br /> <br /> <br /> <br /> <br />Affirmative Obligation(s) to Abate Imminent Danger or Harm, if Applicable*: <br /> <br /> <br /> <br /> <br />* If imminent danger to public health and safety or imminent environmental harm is found to exist. <br /> <br /> <br /> <br />