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COLORADO <br />OIVIIION Ot <br />RECLAMATION <br />MINING <br />SAFETY <br />MINE: New Elk Mine <br />PERMIT NO.: C- 1981 -012 <br />Federal <br />OPERATOR/PERMITTEE: <br />ATTENTION: <br />ADDRESS: <br />TO OPERATOR: <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- 2011 -007 <br />New Elk Coal Company, LLC <br />Ron Thompson <br />122 West First Street <br />Trinidad, CO 81082 <br />DATE ISSUED: December 16, 2011 <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 $1,300.00. <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 $1,300.00, based upon the factors referred to in C.R.S. 34- 33- 123(8)(a). <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />By <br />Name: Sandra L. Brown <br />Title: Assessment Officer <br />Date January 31, 2012 <br />C- NV-OIA <br />