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COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866 -3567 <br />NOTICE OF VIOLATION <br />NOV No. CV- 2011 -003 <br />Permit No.: C- 1981 -012 Mine: New Elk Mine <br />Type of Mine: Underground / Private County: Las Animas <br />Operator (If Other than Permittee): Permittee: New Elk Coal Compan , LLC <br />Mail Address: <br />Mail Address: 122 W. First Street, Trinidad, CO 81082 <br />Inspector: Jason D. Musick/Daniel I. Hernandez July 25, 2011/1:00 PM <br />Person Served: Served by: <br />(Please Print Name and Title) <br />Important: Please read the reverse side of this page. <br />WHITE - File <br />Date /Time of Inspection: <br />(Signature of Person Served) (Signature of Authorized Representive <br />of the Division of Reclamation, Mining and Safety) <br />Date and Time of Service: A.M. <br />CERTIFIED MAIL NO.`7AQf j 3Z30 0002 August 3, 2011 , 8:00 P.M. <br />- 72.5 2.-S19(4 <br />The Division of Reclamation, Mining and Safety ( "the Division ") has conducted an inspection of the above <br />mine and has made the findings stated in the attached schedule and has found violations of the Colorado <br />Surface Coal Mining Reclamation Act, or violations of required permit conditions, listed in the attached <br />schedule. This notice constitutes a separate notice of violation for each violation listed. <br />You must abate each of these violations within the designated abatement time. Where the remedial action <br />requires submission of plans, the plans are to be submitted to the Division within the designated time. You <br />are responsible for doing all work in a safe manner in compliance with all applicable laws and regulations. <br />The undersigned finds that cessation of mining is is not X expressly, or in practical effect, required <br />by this notice. For this purpose, "mining" means extracting coal from the earth or from a waste pile and <br />transporting it within or from the mine site. <br />C.R.S. 1973, 34 -33- 123(8) provides for imposition of civil penalties of up to $5,000 for each violation and <br />provides that each day of continuing violation may be deemed a separate violation. <br />YELLOW - Operator PINK - Specialist <br />