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County <br />F[Delta <br />ndrdent <br />41 _1_ <br />k 777 <br />401 Meeker St. <br />P.O. Box 809 <br />Delta, CO 81416 <br />AFFIDAVIT OF PUBLICATION r?CElVE® <br />STATE OF COLORADO JUN 2 6 2008 <br />COUNTY OF DELTA SS DivWi it Wand Sa ety n <br />Mining <br />I. Randal Sunderland, do solemnly swear that 1 am publisher <br />of the Delta County Independent; that the same is a weekly news- <br />paper printed, in whole or in part, 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 four con- <br />secutive insertions: that the first publication of said notice was in <br />the issue of said newspaper dated November 7th, A.D., 2007, <br />and that the last publication of said notice was in the issue of <br />said newspaper dated November 28th, A.D., 2007. <br />In witness whereof I have hereunto set my hand this <br />28th day of November. A.D., 2007. <br />General manager <br />of said <br />Delta County Independent. <br />Subscribed and sworn before me, a Notary <br />Public in and for the County of Delta, <br />State of Colorado, this 28th day of November, <br />A.D., 2007. <br />?JLi1JLt.. Li .4d . 01. A,( rz ?i/l <br />Notary Public <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416 <br />PUBLIC NOTICE <br />Mountain Coal Company, L.L.C. <br />(MCC), P.O. Box 591 Somerset, CO <br />81434, (970) 929-5015, has filed a <br />complete application for a Permit <br />Revision (PR-12) to MCC's Mining <br />and Rewamalion Permit- No. C-80- <br />007 with the Colorado Mined Lend <br />Reclamation Board (Board), under <br />the provisions of the Colorado <br />Surface Coal Mining Reclamation Act <br />of 1979. The permit was originAlly <br />issued by the Board in duly 1981, <br />and subsequently renewed in August <br />1986; January 1993, (Effective <br />August 1991), July 1996, July 2001, <br />and February 13, 2007. The cur- <br />rent five-year permit term expires <br />February 13, 2012. The West Elk <br />Mine five-year permit area contains <br />lands in Sections 9.11, 13-36, T13 <br />S, R90W. 6th PM; and Sections <br />23-26, T13 South, R91 W, 6th PM, <br />and Sections 1-5, 8.12, T14 S, R90 <br />W, 6th PM in Delta and Gunnison <br />Counties. The location of the lands <br />can be found on the USGS 7.5 min. <br />ute Somerset and Minnesota Pass <br />Quadrangle Topographic Maps. The <br />current permit area, Including PR12 <br />encompasses approximately 15,637 <br />acres. <br />The Permit Revision is for under- <br />ground mining of the E Seam in a <br />new Federal Lease No. COC-67232• <br />the Dry Fork Lease: The E Seam <br />would be accessed from, and would <br />utilize MCCs exislrhg sudaoe facili- <br />ties. No surface facilities or related <br />surface disturbance Is presently pro- <br />posed in conjunction with this permit <br />revision and will not result in any <br />Increase in production above current- <br />ly permitted levels. With this permit <br />revision application, the permit area <br />will be.expanded to include lands In <br />Sections 1-5, and B-11, T14S, R90W, <br />6th PM, encompassing approximate- <br />ly 1,767.13 acres. The Increase In <br />area will expand MCC's total Permit <br />Area to approximately 15,637 acres. <br />Underground mining and related sur- <br />face activities could occur within the <br />permit area, subject to applicable <br />permit review, notice, comment, and <br />approval requirements.. The, pro- <br />posed permit revision area Includes <br />portions of Forest Road 711 (Dry <br />Creek Road) and the Deep Creek <br />Tran-basin Diversion Ditch. <br />Copies of the permit revision applica- <br />tion are available for review at the <br />Colorado Division of Reclamation, <br />Mining, and Safety (CDRMS) Office, <br />Centennial Building, 1313 Sherman <br />Street, Room 215, Denver, Colorado, <br />80203, phone (303) 866-3567, and <br />the Gunnison County Clerk and <br />Recorders Office, 221 N. Wisconsin, <br />Suite D Gunnison, CO 81230. A cour- <br />tesy copy is available for review at <br />the Paonia Public Library, 140 Grand <br />Avenue, Paonia, Colorado, 81428, <br />phone (970) 527-3470. Comments, <br />objections, requests for informal con- <br />ference concerning the application <br />for permit revision, or requests for a <br />public hearing to determine whether <br />the interests of the public and affect- <br />ed landowners (re: proximity to public <br />road right-of-way) should be directed <br />to the COMG at the above address <br />not later than 30 days after the last <br />date of publication of this notice in <br />order to be .considered. If a public <br />hearing is requested, It would be <br />held at a location in the area of the <br />proposed operations. <br />Published in the Delta County <br />Independent November 7, 14, 21 <br />and 28, 20D7.