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NOV No. CV- 2011 -008 <br />(Please Print Name and Title) <br />WHITE - File <br />COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866 -3567 <br />Permit No.: C- 1981 -012 <br />Type of Mine: Underground/Private <br />Operator (If Other than Permittee): <br />Important: Please read the reverse side of this page. <br />NOTICE OF VIOLATION <br />Mine: New Elk Mine <br />County: _Las Animas <br />Permittee: New Elk Coal Company <br />T K Construction, LLC dba T K Mining Services, LLC Mail Address: 122 W. First Street <br />Mail Address: P. O. Box 93 Trinidad, CO 81082 <br />Delta, CO 81416 Date /Time of Inspection: <br />Inspector: Daniel I. Hernandez 11/16/2011 / 1:30 p <br />Person Served: Served by: <br />(Signature of Person Served) (Signature of Authorized R resentative <br />of the Division of Reclamation, Mining and Safety) <br />Date and Time of Service: A.M. <br />CERTIFIED MAIL NO. Ob8 I / -/ 6003 ggt137 SS$!o `2 ( e <t , 3:9()(1 <br />Tk CtQ nttlitettOrl <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 />