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'" Delta County ndeendent 401 Meeker St. P.O. Box 809 Delta, CO 81416 AFFIDAVIT OF PUBLICATION STATE OF COLORADO COUNTY OF DELTA ss. I, Randal Sunderland, do solemnly swear that I am managing editor of the Dei[a 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 fifty-two consecu- tive 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 publish- ing legal notices and advertisements within the meaning of the laws of the State 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 con- secutive insertion; that the first publication of said notice was in the issue of said newspaper dated October 12th, A.D., 2005, and that the last publication of said notice was in the issue of said newspaper dated October 12th, A.D., 2005. In witness whereof I have hereunto set my hand this 12th day of October, A.D., 2005. General manager of said Delta County Independent. Subscribed and sworn before me, a Notary Public in and for the County of Delta, °~ State of Colorado, this 12th day of October A.D.. 2005. -'. `~},~.~.~.~, Q. ®.Sct,w-QCch.C.~-..off otary Public My commission expires 12/17/2005 900 Cypress Wood lane, Delta. CO 81416 RECEIVED 0 C~ 1 '~ 20>~~5 Division olA4inerals gg G f Division of Minerals & GeD o~g~y NOTICE OF PROPOSED DECISION The Colorado Division of Minerals ' antl Geology proposes to Approve ` Technical Revision Application No. 53 ~ (TR-531 tof the Sanbom Creek antl'.r f7~. e ¢ Be' i4 4@. I 1as su _ -~ ' tetl a technical Revision to allow for ' the tlrilling of likeen (15) gob vent ' boreholes at the Elk Creek Mine. ' Each hole will require the construc- tion of a tlrik pad antl eleven (11) of the holes will require the conshuC(ipn of a light-use roatl. The total pro- - posetl disturbance is epproxunately 70.71 acres: The proposed distur- - bance is on both Private antl Federal " (BLM and USFS)lantla The. Sanborn Creek antl Elk Creek Mine is an untlergrountl coal mine locatetl in Delta Count', just north of the town of Somerset, Colorado. . Coal interest is Fetleml and private. - -antl the surtace affectatl is Fetleral, state antl private lantl. The permit area encompasses approxlmateiy 13,100.00 acres. This proposetl decision is based on - a firMing that the proposed operation will comply wtth all requirements of the Coloratlo Surface Coal Mining Reclamation Aq, Section 34-33-101, et seq., C.R.S., antl the regulations - promulgatetl Hereunder. Copies of the proDOSed decision, ixlOding stipulations, are on lile fof ` publid Inspection at the Coloratlo n Division of Minerals and Geology, Room 215, Centennial Builtlinq, 1313 Sherman Street, Denver, Colorado 80203. Persons with an interest that may be atlversely aflectetl by me - proposetl decision may request a for dtedripg,_petere Na A1ine3 ~ ---- Lentl Reclamation Board on the pro- posetl decision. Such request must be matle within ten (10) days of Ne initial publication of Mis notke, must be in writing, and must state with reasonable specificity the reasons for the request and the objections to the ' proposed decision. ' Published in the Delta County , Independent October 12, 2005.