2012-01-13_ENFORCEMENT - C1981012

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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: 12/16/2012 MINE: New Elk Mine OPERATOR (IF OTHER THAN PERMITTEE:) TK Construction dba TK Mining Services, LLC MAIL ADDRESS: P.O. Box 93 Delta, CO 81416 Trinidad, CO 81082 In (a) Notice of Violation No. CV- 2011 -008 , (b) Cessation Order No. the deadline for abatement of the practice, condition or violation described was fixed at January 9, 2012 It is hereby found that the operator has failed to abate such practice, condition or violation, or cannot complete abatement within the time allowed, but that such failure is not due to lack of diligence on the part of the operator. The time for abatement is therefore extended to February 10, 2012 The conditions, practices or violation as to which this extension applies are as follows: Abatement step No. 5: Obtain final approval of a TR for all new roads, sediment control systems, culverts and fills subject to this NOV DIVISION OF RECLAMATION, MINING AND SAFETY By Lit Date o ssue:1 /13/2012 *The Division's justification for approving the extension beyond 90 days is attached. Janet H. Binns Environmental Protection Specialist III (Please print name and title) WHITE - File m: \coal \share \forms \Ext Abate COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866 -3567 EXTENSION OF TIME FOR ABATEMENT NOTICE NOTICE OF VIOLATION NO.: NOV -CV- 2011 -008 PERMIT NO.: C1981 -012 COUNTY: Las Animas TYPE OF MINE: Underground /Private PERMITTEE: New Elk Coal Company MAIL ADDRESS: 122 W. First Street Authorized Representative) [Signature of Division Director, if extension is beyond 90 days, pursuant to Rule 5.03.2(2)(e)]* YELLOW - Operator PINK - Specialist