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DIVISION OF RECLAMATION, MINING AND SAFETY <br />CERTIFICATE OF SERVICE <br />Permit No. C-1981-012 <br />NOV No. CV-2008-005 <br />I hereby certify that I served a copy of the foregoing NOTICE OF PROPOSED CIVIL PENALTY on New <br />Elk Coal Company, LLC by depositing a true copy thereof, first class postage prepaid, in the United <br />States mail, to the operator at the address above, on September 22, 2008. <br />Certified Mail No.: 7008 1140 0003 4437 0260 <br />Return Receipt Requested <br />-Zt'? 4? "5", <br />Signature of Person Served ignature <br />if Personal Service <br />Name: Sandra L. Brown <br />Title: Assessment Officer <br />Name and Title <br />REQUEST FOR CONFERENCE <br />The operator above described hereby requests an assessment or settlement conference as permitted by <br />C.R.S.34-33-123(8). <br />Operator <br />By <br />(Signature) <br />T)atf-.