2012-12-11_ENFORCEMENT - C1981035

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Of COCA COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY * * 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866 -3567 1876 TERMINATION NOTICE FOR NOTICE OF VIOLATION OR CESSATION ORDER FOR COAL OPERATION TO: THE OPERATOR AND PERMITTEE OF THE MINE DESCRIBED BELOW CESSATION ORDER NO.: DATE NOV or CO ISSUED: Apr. 11, 2012 MINE: Kina Coal Mine NOTICE OF VIOLATION NO PERMIT NO COUNTY: OPERATOR (IF OTHER THAN PERMITTEE): TYPE OF MINE MAIL ADDRESS: INSPECTOR: Marcia L. Talvitie Rule 5.03.2(5)(d) states: PERMITTEE: CV- 2012 -003 C- 1981 -035 La Plata Underground GCC Eneray. LLC MAIL ADDRESS: 11783 Highway 337 Tiieras, NM 87059 -0000 DATE(S) OF ABATEMENT: Step 1 Aup. 14, 2012 Step 2 _ Nov. 30, 2012 Step 3 An authorized representative shall immediately terminate a notice of violation or cessation order by written notice to the person issued the notice or order or his designated agent when such representative determines that all conditions, practices, or violations listed in the notice or order have been abated... The Division terminates a Notice of Violation or Cessation Order when all conditions, practices, or violations have been abated. That is, it is terminated when the problem has been rectified and no longer exists. The processes for appeal of the Notice of Violation and the assessment of civil penalty are not affected by the notice of termination. Therefore, pursuant to Rule 5.03.2(5)(d), this letter serves as a written Notice of Termination for the above - referenced Notice of Violation or Cessation Order. If you have any questions, please contact me. WHITE - File m: \coa I\sha re\fo rms\Te rmi nation DIVISION OF RECLAMATION, MINING AND SAFETY BY (Signature of Authorized Representative) Date of Issue: December 11, 2012 Marcia L. Talvitie, P.E. Environmental Protection Specialist YELLOW - Operator PINK - Specialist