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COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866 -3567 <br />EXTENSION OF TIME FOR ABATEMENT 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: 12/16/2011 <br />MINE: New Elk Mine <br />OPERATOR (IF OTHER THAN PERMITTEE:) <br />T K construction, LLC dba T K Mining Services, LLC <br />MAIL ADDRESS: P.O. Box 93 <br />Delta, CO 81416 <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />m• \coal\share \forms \Ext Abate <br />NOTICE OF VIOLATION NO.: CV- 2011 -008 <br />PERMIT NO.: C- 1981 -012 <br />COUNTY: Las Animas <br />TYPE OF MINE: Underground /Private <br />PERMITTEE: New Elk Coal Company <br />MAIL ADDRESS: 122 W. First Street <br />Trinidad, CO 81082 <br />In (a) Notice of Violation No. CV- 2011 -008_, (b) Cessation Order No. <br />the deadline for abatement of the practice, condition or violation described was fixed at <br />February 10, 2012 <br />It is hereby found that the operator has failed to abate such practice, condition or <br />violation, or cannot complete abatement within the time allowed, but that such failure is not <br />due to lack of diligence on the part of the operator. The time for abatement is therefore <br />extended to February 23, 2012 <br />The conditions, practices or violation as to which this extension applies are as follows: <br />Abatement step No. 5: Obtain final approval of a TR for all new roads, sediment control systems, culverts and <br />fills subject to this NOV. <br />TR60 was approved on February 3, 2012. The Division may grant final approval no sooner than 10 -days <br />following publication of the Division's notice of the proposed decision. The notice is scheduled to be published <br />in the Trinidad Chronicle News on February 10, 2012. <br />By <br />a ture of Authorized Representative) [Signature of Division Director, if extension is <br />beyond 90 days, pursuant to Rule 5.03.2(2)(e)]* <br />Date of Issue: February 9, 2012 *The Division's justification for approving the <br />extension beyond 90 days is attached. <br />Janet H. Binns, Environmental Protection Specialist III <br />(Please print name and title) <br />WHITE - File YELLOW - Operator PINK - Specialist <br />