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1876 <br />COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866 -3567 <br />NOTICE OF VIOLATION <br />NOV No. CV- 2012 -008 <br />Permit No.: C- 1981 -022 Mine: Elk Creek <br />Type of Mine: Underground County: Gunnison County <br />Operator (If Other than Permittee): Permittee: Oxbow Mining, LLC <br />Mail Address: <br />Mail Address: P.O. Box 535 <br />3737 Highway 133 <br />Somerset, CO 81434 <br />Date /Time of Inspection: <br />Inspector: Brock Bowles October 19, 2012 8:30 am to 12:30 pm <br />Person Served: James A. Kiger Served by: <br />(Signature of Person Served) <br />(Signature of Authorized Representative <br />of the Division of Reclamation, Mining and Safety) <br />(Please Print Name and Title) <br />Date and Time of Service: <br />CERTIFIED MAIL NO. 7009 2820 0003 5700 6649 October 30, 2012, 8:00 A.M. <br />The Division of Reclamation, Mining and Safety ( "the Division ") has conducted an inspection of the <br />above mine and has made the findings stated in the attached schedule and has found violations of the <br />Colorado Surface Coal Mining Reclamation Act, or violations of required permit conditions, listed in the <br />attached schedule. This notice constitutes a separate notice of violation for each violation listed. <br />You must abate each of these violations within the designated abatement time. Where the remedial <br />action requires submission of plans, the plans are to be submitted to the Division within the designated <br />time. You are responsible for doing all work in a safe manner in compliance with all applicable laws <br />and regulations. <br />The undersigned finds that cessation of mining is is not X_ 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 />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 />Important: Please read the reverse side of this page. <br />