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Rule 5.03.2(5)(d) states: <br />WHITE - File <br />m:\coal\share\forms\Temiination <br />COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866 -3567 <br />TERMINATION NOTICE <br />FOR NOTICE OF VIOLATION OR CESSATION ORDER FOR COAL OPERATION <br />TO: THE OPERATOR AND PERMITTEE OF THE MINE DESCRIBED BELOW <br />CESSATION ORDER NO.: <br />DATE NOV or CO ISSUED: 07/25/2011 <br />MINE: New Elk Mine <br />If you have any questions, please contact me. <br />NOTICE OF VIOLATION NO.: <br />PERMIT NO.: C- 1981 -012 <br />COUNTY: Las Animas <br />OPERATOR (IF OTHER THAN PERMITTEE): TYPE OF MINE: Underground /Private <br />T K Construction, LLC dba T K Mining Services, LLC PERMITTEE: New Elk Coal Company, LLC <br />MAIL ADDRESS: P. O. Box 93 MAIL ADDRESS: 122 W. First Street <br />Delta, CO 81416 Trinidad, CO 81082 <br />INSPECTOR: Daniel I. Hernandez DATE(S) OF ABATEMENT: <br />Step 1 8/12/11 <br />Step 2 11/4/11 <br />Step 3 <br />An authorized representative shall immediately terminate a notice of violation or cessation order by written <br />notice to the person issued the notice or order or his designated agent when such representative <br />determines that all conditions, practices, or violations listed in the notice or order have been abated... <br />The Division terminates a Notice of Violation or Cessation Order when all conditions, practices, or violations <br />have been abated. That is, it is terminated when the problem has been rectified and no longer exists. The <br />processes for appeal of the Notice of Violation and the assessment of civil penalty are not affected by the <br />notice of termination. <br />Therefore, pursuant to Rule 5.03.2(5)(d), this letter serves as a written Notice of Termination for the above - <br />referenced Notice of Violation or Cessation Order. <br />DIVISION OF RECLAMA ION, MINING AND SAFETY <br />BY <br />(Signature . uthorized R <br />Date of Issue: 11/4/11 <br />CV- 2011 -003 <br />sentative) <br />Daniel I. Hernandez/Senior Env Protection Specialist <br />(Please Print Name and Title) <br />YELLOW - Operator PINK - Specialist <br />