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:~~ <br />Delta CoUinty <br />,ndejpendent ~~~~~ED <br />rri`, ti U 2UlJiJ <br />401 Meeker St. <br />P.O. Box 809 Division of Reclamati~, <br />Delta, CO 81416 Mining and ~fety <br />AFFIDAVIT OF PUBLICATION <br />NOTICE OF PROPOSED <br />I DECISION <br />TheColorac~oDivisiondfReclamation, <br />STATE OF COLORADO Mining and Safety proposes to <br />Approve with conditions 'Permit <br />i Revision Application No. 12, submit- <br />~ ted. by Mountain Coai Company for <br />` a coal' mining permit at the West <br />COUNTY OF DELTA ss. <br />Elk Mine (Permit No; C-1980-007)., <br />The operator proposes to expand the <br />~ affected area and the permit area by <br />,.. approximatety 1,517 acres. This land <br />,' and coal are federally-owned and <br />I, Randal Sunderland, do solemnly swear that I am publisher ,are tocated in Gunnison County in <br />of the Delta County Independent; that the same is a weekly news- :.parts of sections 35 and 3s, T13s, <br />R90W, and in parts of Sections 1, <br />paper printed, in whole or in part, and published in the County 2,11, aqd 12, T1as, R90W. No new <br />of Delta, State of Colorado, continuously and uninterruptedly in ;disturbance on the land surace is <br />said Coun of Delta fora eriod of more than fif two consecu- proposed. ` <br />ty P ~- The West Elk Mine is located in <br />tive weeks prior to the first publication of the annexed legal notice .Gunnison county, approximatey <br />or advertisement; that said news a er has been admitted to the 9 miles east of Paonia,.Colorado. <br />p P The underground operation has an <br />United States mails as second-class matter under the provisions ~ anticipated Maximum .production . <br />of the Act of March 3, 1879, and all amendments thereof, and that capacity of 8.5 million tbris per year. <br />Coal interest, is Federal and private, <br />said newspaper is a weekly newspaper duly qualified for publish- and the surace to be `affected is <br />lri le al notices and advertisements within the meanin Of the IaWS " Federal and private land. The permit <br />g g g ;area encompasses approximately <br />of the State of Colorado; that the annexed legal notice or two con- 1a,154so sores. . <br />secutive insertions; that the fir<.~t ublication of said notice was in 'This proposed. decision is based on <br />P a finding that the proposed operetion <br />the issue of said newspaper dated March 26th, A.D., 2008, will comply with all requirements of <br />and that the last ublication of said notice was in the issue of the Colorado surface Coal Mining <br />P Reclamation Act, Section 3a-33-101, <br />said newspaper dated April 2nd, A.D., 2008. er seq.; c.R:s., and the regulations. <br />.promulgated thereunder. <br />Copies' of the proposed 'decision, . <br />In witness whereof I have hereunto set my hand this inch,ding any stipulations,. are on <br />2nd da of March, A.D., 2008. file -for public inspection et'Ihe <br />)' Colprado Division of Reclamation, <br />Mining and 'Safety, Room 215, <br />Centennial Building, 1343 Sherman <br />Street, 'Denver, Colorado 80203 <br />and at the Gunnison County Clerk <br />and Recorder, 221 N. Wisconsin, <br />Gunnison, CO 81230. Persdns with <br />~~ O /) ~ an imtQrest that may be adversely <br />'~`r(/J+J~~/ affected by the proposed decision <br />may request a formal hearing before ` <br />the Mined land'Reclamation Board <br />General manager ' or the proposed decision. Such <br />Of Sald request must be made within thirty <br />(30) days df the initial publication of <br />Delta County Independent. this notice, must be in writing, and, <br />must state with reasonable specificity <br />t the reasons for the request and the <br />Subscribed and sworn before me, a Notary ~ bbjectfons to the proposed decision. <br />PUb11C In and for the Count of Delta, ,Published in, the Delta County <br />y Independent Maroh 26 and April 2, <br />State of Coloratdo, this 26th day of March, A.D., 2ooa:. , - <br />2008. <br />Notary Public <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416 <br />