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Signature of Person Served <br />if Personal Service <br />I hereby certify that I served a copy of the foregoing NOTICE AND ORDER TO PAY FIXED PENALTY on <br />New 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 February 17, 2012. <br />Name and Title <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />CERTIFICATE OF SERVICE <br />Permit No. C- 1981 -012 <br />NOV /CO No. CV- 2011 -006 <br />Certified Mail No.: <br />Return Receipt Requested <br />Name: Daniel I. Hernandez <br />Title: Senior Environmental Protection Specialist <br />