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oF'COt° <br />1876 <br />COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />NOTICE OF PROPOSED AMOUNT OF CIVIL PENALTY <br />REQUEST FOR CONFERENCE <br />NOV/CO NO.: CV-2008-005 <br />MINE: New Elk Mine DATE ISSUED: August 26, 2008 <br />PERMIT NO.: <br />Federal <br />OPERATOR/P <br />ATTENTION: <br />ADDRESS: <br />C-1981-012 <br />ERMITTEE: <br />New Elk Coal Company, LLC <br />Wayne Coverdale <br />122 West First Street <br />Trinidad, CO 81082 <br />TO OPERATOR: <br />TYPE OF MINE: Underground/Non- <br />COUNTY: Las Animas <br />You are hereby notified, pursuant to C.R.S. 34-33-123(8)(b), that the Division of Reclamation, Mining <br />and Safety ("the Division") of the Department of Natural Resources, State of Colorado, proposes to assess <br />a civil penalty against you in the amount of $750.00. <br />If you wish to request a conference at which the proposed penalty may be reviewed, you may do so by <br />indicating on, and returning to the Division, the attached page of this notice. Your request should be <br />completed in the space provided and returned to the Division within ten days after your receipt of this <br />notice. <br />If you fail to request such conference within ten days after service of this notice, the Division will fix the <br />penalty at $750.00, based upon the factors referred to in C.R.S. 34-33-123(8)(a). <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />A . t?. <br />(Signature) <br />Name: Sandra L. Brown <br />Title: Assessment Officer <br />Date / o d ,00% <br />C-N V-01 A