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<br /> <br /> <br /> <br />1313 Sherman St. Room 215 Denver, CO 80203 <br />P (303) 866-3567 F (303) 832-8106 <br />https://drms.colorado.gov <br /> <br />NOTICE OF VIOLATION <br /> <br /> <br />NOV No. CV-2021-001 Mine: New Elk Mine <br />Permit No.: C-1981-012 County: Las Animas <br />Type of Mine: Underground Permittee: New Elk Coal Company, LLC <br />Operator (If <br />Other than <br />Permittee): <br />New Elk Coal Company, LLC Mail Address: 12250 Highway 12 <br />Weston, CO 81091 <br />Mail Address: 12250 Highway 12 <br />Weston, CO <br />81091 <br /> <br /> Date/Time of <br />Inspection: <br />October 13, 2021 <br />Inspector: Jared Ebert Served by: Jared Ebert <br />Person Served: Larry Cook <br /> <br /> <br /> (Signature of Authorized Representative of the <br />Division of Reclamation, Mining and Safety) <br />(Signature of Person Served) <br /> <br />(Please Print Name and Title) <br />CERTIFIED MAIL NO. Date and Time of Service: <br />7018 2290 0001 8923 0192 October 22, 2021 <br /> <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 /> <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. <br />You are responsible for doing all work in a safe manner in compliance with all applicable laws and <br />regulations. <br /> <br />The undersigned finds that cessation of mining is ____ is not ____ expressly, or in practical effect, <br />required by this notice. For this purpose, "mining" means extracting coal from the earth or from a waste <br />pile and transporting it within or from the mine site. <br /> <br />C.R.S. 1973, 34-33-123(8) provides for imposition of civil penalties of up to $5,000 for each violation <br />and provides that each day of continuing violation may be deemed a separate violation. <br /> <br />Important: Please read the reverse side of this page.