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Cessation Order No.: CO-2024-001 <br /> Nature of Condition, Practice, or Violation: <br /> On May 30,2024,the Division issued the following violation: <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 /> 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 /> 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 /> 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 /> 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 /> 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. <br /> Page 3 of 4 <br />