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PROOF OF PUBLICATION <br />STATE OF COLORADO <br />COUNTY OF LAS ANIMAS} SS <br />RECEIVED <br />DEC 0 2 701 <br />01,OSION OF RECLAMATION <br />MINING AND <br />Krysta E. Toci, of lawful age, being first duly <br />sworn upon oath, deposes and says that she is <br />the authorized agent of The Chronicle -News, <br />daily newspaper of general circulation which is <br />published and circulated in the City of <br />Trinidad, Las Animas County, Colorado, that <br />said newspaper is a newspaper of general <br />circulation complying with all of the requirements <br />of Articles I to VII, Chapter 130, 1935, <br />Colorado Statutes Annotated, and all other <br />laws of said State, and that said legal / notice <br />has been so published for the period of time <br />prescribed in said newspaper proper and not a <br />supplement. <br />The attached Notice was published in said <br />newspaper in its issue(s) dated <br />50952 November 11, 2013 <br />Krysta E. ci <br />Subscribed and sworn to before me this <br />I ';:k_ day of , <br />A. D., 2013. <br />UA-Ln <br />Allyson L. heumaker J' <br />My commission expires on August 26, 2015 <br />ALLYSON L SHEUMAKER <br />NOTARY PUBLIC, STATE OF COLORADO <br />My Comm. Expires ;august 26, 2015 <br />NOTICE OF PROPOSED DECISION <br />The Colorado Division of Reclamation, Mining and Safety <br />proposes to Withdraw Technical Revision Application No. <br />64 (TR -64) for,the New Elk Mine (Permit No. C -1981- <br />012), submitted by New Elk Coal Company, LLC. A 29 <br />foot diameter shaft will be constructed during 2012. The <br />shaft will be located approximately 1,500 feet east of <br />Pond 7. Excavated material will be temporarily stockpiled. <br />All coal mine waste from the bottom of the shaft <br />construction will be permanently stored underground. <br />Cross cuts in the entries leading to the shaft will be used <br />to store the coal mine waste. The access road that runs to <br />the west of the mine will be changed to a haul road in <br />anticipation of hauling material to the west DWDA. <br />The New Elk Mine is a/an Underground coal mine located <br />in Las Animas County /Counties, approximately 25 miles <br />W of Trinidad, Colorado. Coal interest is State and <br />private, and the surface affected is State and private land. <br />90 Legals <br />The permit area encompasses approximately 4,198.90 <br />acres. <br />This proposed decision is based on a finding that the <br />proposed operation will comply with all requirements of <br />the Colorado Surface Coal Mining Reclamation Act, <br />Section 34 33 101, at seq., C.R.S., and the regulations <br />promulgated thereunder. <br />Copies of the proposed decision, including stipulations, <br />are on file for public inspection at the Colorado Division of <br />Reclamation, Mining and Safety, Room 215, Centennial <br />Building, 1313 Sherman Street, Denver, Colorado 80203. <br />Persons with an interest that may be adversely affected <br />by the proposed decision may request a formal hearing <br />before the Mined Land Reclamation Board on the <br />proposed decision. Such request must be made within ten <br />(10) days of the initial publication of this notice, must be in <br />writing, and must state with reasonable specificity the <br />reasons for the request and the objections to the <br />proposed decision. <br />Published: November 11, 2013 50952 <br />