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RECEIVED NOV 17 2004 AFFIDAVIT OF PUBLICATION STATE OF COLORADO $$. COUNTY OF DELTA-• - '- - - -- - I. Randal Sunderland, do solemnly swear that I am managing editor of the Delta County Independent that the same is a weekly newspaper printed, in whole or in part, and published in the County of Delta, State of Colorado, continuously and uninterruptedly in said County of Delta for a period of more than 13fty-two consecutive weeks prior to the first publication of the annexed legal notice or advertisement: that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, and all amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the Slate of Colorado; that the annexed legal notice or adver- tisement was published in the regular and entire issue of every number of said weekly newspaper for the period of one consecutive insertion; that the first publication of said notice was in the issue of said newspaper dated November 10th, A.D., 2004, and that the last publication of said notice was in the issue of said newspaper dated November 10th, A.D., 2004. In witness whereof I have hereunto set my hand this 10th day of November, A~.D~.,f/~2J004. General manager of said Deita County Independent. Subscribed and sworn before me, a Notary ,.`' y - Public in and for the County of Delta, `~` :' '~ State of Colorado, this 10th day of November, ~ ;, . _ Notary PubTu ~ - • My commission expires 12/17/2005 900 Cypress Wood Lane, Delta, CO 81416 Division ~f Minerals and Geology NOTICE OF PROPOSED DEGSION The Colorado Division of Minamis entl Geology proposes to Approve Technical Revision Application No. 48 (TRdQ) for the Sanborn Creek and Elk CrdpK'Mine (Pefmit No. C4981- --~ 022), subm@led by Oxbow Mining, LLG Oxbow Mining LLC has submit- ted an application to tlrill o0e atltli- tional Bob vent borehole (meMane Degas) In section 6 Township 135, Range 90 W 6M PM., in Gunnison Cpunry. The proposed new Oistur- Oanca includes 0.5 acre patl entl 2200 feet (0.] acres) of light use road. The Sanborn Creek entl Elk Creek Mine is a underground wal mine located in Delta County, apPraxi- matety 0 miles north of Somerset. Coal interest is Federal entl private, entl the surface aftectetl Is Fetleral, state entl private land. The permit area encompasses approximately 13,160.00 acres. This proposetl decision is Oasetl on e finding Mat the proposetl operation will comply with all requirements of the Colpmtlo Surface Coal Mining Reclamation Act, Section 34-33101, et seq., C.R.S., entl the regulations promulgated thereunder. Copies of the proposed tlecision, including stipulations, ere on file for public inspection at the Coloratlo Division of Minerals and Geology, Room 215, Centennial Builtling, 1313 Shertnen Streeq Denver, Coloredo 80203. Persons with an interest that may be adversely aHec[ad by the proposetl decision may request e formal hearing before the Minetl Land Reclamation Board on the pro- posed tlecisbn. Such request must be mstle within ten (10) days o(me initial publication of this notira, must be in wrRing, entl must slate with reasonable specificity the reasons for the request entl the objections to the proposed tlapisiprt Published in the Della County Intlepantlent November 10, 2004.