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Delta County <br />ode endent <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 ss. <br />I, Randal Sunderland, do solemnly swear that I am managing <br />editor of the Delta County 11Tdependent; that the same is a weekly <br />newspaper printed, in whole or in pazt, 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 September 21st, A.D., 2005, <br />and that the last publication of said notice was in the issue of <br />said newspaper dated September 21st, A.D., 2005. <br />In witness whereof I have hereunto set my hand this <br />21st day of September, A.D., 2005. <br />General manager of said <br />Delta County Independent <br />Subscribed and sworn before me, a Notary <br />Public in and Cor the County of Delta, <br />State of Colorado, this 21st day of September <br />,,=•~~ (~A/. j//D7., 2005. /n/ / , ®_ Fyn <br />Notary Public <br />'-My-commission expires 12/17/2005 <br />900 Cypress Wood Lane, Delta, CO 81416 <br />1a8~-pub ~k <br />RECEI~IED <br />SEP 2 6 2005 <br />Divituon of Minerals an0 Gedogy <br />r- PUBLIC NOTICE <br />' The Coloratlo Division of Minerals <br />~ and Geology proposes to retluce the <br />inspection frequency of the Hawk's <br />Nest Mine (Pannif No. C-1981-016) <br />from a minimum of 12 inspections <br />per year to one complete antl Mree. <br />partial inspections per year ' <br />The Hawk's Nest Mine is a revoketll <br />foneited coal mine lotatetl in <br />Gunnison County, apProximataly 3 <br />miles east of Me town of Somerset, <br />CO. The permit was heltl by Western' <br />Slope Carbon, Inc. The approximate <br />legal Description of the mine site is <br />portions of sections 1, 2, 3, 10, 11, <br />}_ and 12 of T13S .R90W. T(te total _ _ <br />permit acreage encompasses 2050 -^- ~_- - <br />acres, with epprozimefety 29 acres <br />disfurbetl. <br />The site has been reclaimatl since <br />1995 wiM some atltlitional reclama- <br />tion work since that time. OI Me <br />originaf$fi24,803.06 of fodeitatl bontl <br />morJes, $183.13 remains. <br />The Division is proposing to retlute. <br />Me inspection frequency bacau4e- <br />Me site has been largely reclaimed <br />and poses no imminent Mreats to <br />publk health antl safely or signdicant <br />environmental harm to land, air or <br />water resources. Site coMi[ions gen-" <br />eralty change very little tram month <br />1o monM. Tha Divisbn proposes one <br />complete antl three partial inspec- <br />tions each year, contluIXed quarterly. <br />This inspection frequency will be sW- <br />/icient to monttar success of vegeta- <br />tion establishment, weetl control, and <br />to itlentify tleveloping problems which <br />may require maintenance. <br />This tlecision is basetl on a com- <br />plete inspecion antl a written fintling <br />es required by Rule 5.02.2(8)(a) of <br />the Coloratlo Surface Coal Mining <br />Reclamation AM, Section 3433-101, <br />et seq., C.R.S. antl the regulatioris- <br />' promulgatetl Mareuntler. Copies of <br />Ilia wrMen findings are on file for <br />public inspection at the Colorado <br />Division of Minerals and Geology, <br />Room 215, Centennial Building, <br />1313 Sherman Street, Denver, <br />Colorado, 80203, telephone (303) <br />___ _ ~_ _ 866-356T t the_GurVlison Cou ty. <br />Clerk antl RecordeYS ice at 200 - - <br />East Virginia, Gunnison, Coloratlo; <br />antl et the Della County Clerk <br />' antl Recordec 501 Palmer; Dette, <br />Colorado. Persons with any inter- . <br />est that may be aWersely affected' - <br />by Me proposed reduced inspection <br />trequenry may submit written com- <br />m¢nts to [he Colorado Division of <br />Minerals and Geology, within thirty <br />(30) tlays of this notice. <br />Published in the Delta Couny~ <br />Indepentlent September 21, 2005. <br />