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El <br />state of Dalai <br />sac"tary of stay <br />Diviafco off atiuna <br />Dealvezed 10:41 04/30/2008 <br />FRED 10:34 AN 0413012008 <br />MTV 080485789 - 2366329 FILE <br />CERTIFICATE OF FORMATION <br />OF <br />SENECA COAL COMPANY, LLC <br />7 <br />1. The name of the limited liability company is Seneca Coal Company, LLC. <br />2. The address of its registered office in the State of Delaware! is Corporation <br />Trust Center, 1209 Orange Street, in the City of Wilmington, County of <br />New Castle. The name of its registered agent at such address is The <br />Corporation Trust Company. <br />3. This Certificate of Formation shall be effective immediately upon filing with <br />the Secretary of State of Delaware, <br />IN WITNESS WHEREOF, the undersigned has executed this Certificate of <br />Formation as of this 30 day of April 2008. <br />, W, L k'� --; <br />J IUinger, uthorized Person <br />