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INDEPENDENT <br />401 Meeker St. <br />P.O. Box 809 <br />Delta, CO 81416 <br />AFFIDAVIT OF PUBLICATION <br />STATE OF COLORADO <br />COUNTY OF DELTA Iss. <br />RECIFIVIFO <br />Nvy , 9 X01? <br />I, Randal Sunderland, do solemnly swear that I am managing <br />editor of the Delta County Independent; that the same is a weekly <br />newspaper printed, in whole or in part, and published in the County <br />of Delta, State of Colorado, continuously and uninterruptedly in <br />said County of Delta for a period of more than fifty-two consecu- <br />tive weeks prior to the first publication of the annexed legal notice <br />or advertisement; that said newspaper has been admitted to the <br />United States mails as second -class matter under the provisions <br />of the Act of March 3, 1879, and all amendments thereof, and that <br />said newspaper is a weekly newspaper duly qualified for publish- <br />ing legal notices and advertisements within the meaning of the laws <br />of the State of Colorado; that the annexed legal notice or adver- <br />tisement was published in the regular and entire issue of every <br />number of said weekly newspaper for the period of one con- <br />secutive insertion; that the first publication of said notice was in <br />the issue of said newspaper dated November 13th, A.D., 2013, <br />and that the last publication of said notice was in the issue of <br />said newspaper dated November 13th, A.D., 2013. <br />In witness whereof I have hereunto set my hand this <br />13th day of November, A.D., 2013. <br />���LInd D� <br />General manager of said Delta County Independent <br />Subscribed and sworn before me, a Notary Public in and for the <br />County of Delta, State of Colorado, this 13th day of November A.D., <br />2013. <br />Notary Public <br />My commission expires 12/24/2013 ,.. C •.,•, <br />900 Cypress Wood Lane ,a`` G1i' S(J <br />Delta, CO 81416 �'4` N��'; <br />?Q�- NOTgR• <br />quc <br />S ••••.�COLORP••� <br />NOTICE OF PROPOSED DECISION <br />The Colorado Division of Reclama- <br />tion, Mining and Safety proposes <br />to Approve Technical Revision <br />Application No. 75 (TR -75) for the <br />Elk Creek Mine (Permit No. C -1981- <br />022), submitted by Oxbow Mining, <br />LLC. Oxbow Mining, LLC proposes <br />to construct an elevated pad to fa- <br />cilitate a drill rig, methane pump <br />and monitoring equipment at the <br />sealed and reclaimed Sanborn <br />Creek portal area. Oxbow plans to <br />drill a degas borehole into the San- <br />born Creek sealed mine to recover <br />methane gas and transfer the gas <br />via a pipeline to the Elk Creek elec- <br />trical generating facility that was <br />approved in TR -73. The proposed <br />project will be on surface owned <br />by Oxbow,•LLC. A COGCC permit <br />will be obtained for the degas <br />borehole. <br />The Elk Creek Mine is a /an Under- <br />ground coal mine located in Delta, <br />Gunnison County /Counties, ap- <br />proximately 0 miles N of Somerset, <br />Colorado. Coal interest is Federal <br />and private, and the surface af- <br />fected is Federal, state and private <br />land. The permit area encompass- <br />es approximately 15,676.51 acres. <br />This proposed decision is based <br />on a finding that the proposed <br />operation will comply with all re- <br />quirements of the Colorado Sur- <br />face Coal Mining Reclamation Act, <br />Section 34 -33 -101, at seq., C.R.S., <br />and the regulations promulgated <br />thereunder. <br />Copies of the proposed decision, <br />including stipulations, are on file <br />for public inspection at the Colo- <br />rado Division of Reclamation, Min- <br />ing and Safety, Room 215, Centen- <br />nial Building, 1313 Sherman Street, <br />Denver, Colorado 80203. Persons <br />with an interest that may be ad- <br />versely affected by the proposed <br />decision may request a formal <br />hearing before the Mined Land <br />Reclamation Board on the pro- <br />posed decision. Such request must <br />be made within ten (10) days of the <br />initial publication of this notice, <br />must be in writing, and must state <br />with reasonable specificity the rea- <br />sons for the request and the objec- <br />tions to the proposed decision. <br />Published in the Delta County <br />Independent November 13, 2013. <br />