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Of C OCA <br />COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />176 - <br />1313 Shennan Street, Room 215, Denver, Colorado 80203, (303) 866 -3567 <br />MODIFICATION 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.: n/a NOTICE OF VIOLATION NO.: CV 2012 -003 <br />DATE ISSUED: Aril 11 2012 <br />PERMIT NO.: C- 1981 -035 MINE: King Coal Mine <br />TYPE OF MINE: Under round <br />OPERATOR (IF OTHER THAN PERMITTEE) <br />MAIL ADDRESS: <br />COUNTY: La Plata <br />PERMITTEE: GCC Energy, LLC <br />MAIL ADDRESS: 6473 County Road 120 <br />Hes erus CO 81326 -4528 <br />The Notice or Order is modified as follows for good cause shown, <br />Effective: ME 31, 2012 <br />GCC Energy, LLC (GCCE) has submitted to the Division, in a letter dated May 22, 2012, an <br />alternative plan for abatement of this NOV. Included with the alternative plan is a proposed timeline <br />along which the abatement activities will occur. <br />GCCE proposes to conduct a geotechnical site investigation to evaluate the physical and chemical <br />properties of the coal mine waste (CMW) backfill and the subsurface conditions that exist. The <br />results of this investigation will result in GCCE's taking one of three options: 1) the submittal of a <br />Technical Revision application which supports using the CMW as backfill, in accordance with the <br />performance standards; 2) removal of the CMW from the backfilled area for placement in the mine's <br />approved refuse pile; or 3) some combination of the first two options, with a portion of the material <br />being relocated to the refuse pile and the balance being allowed (by Technical Revision) to remain as <br />backfill. <br />