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RECEIVED
<br />401 Meeker St.
<br />P.O. Box 809
<br />Delta, CO 81416
<br />OCT ? 0 2008
<br />Division of RecianlaWn?
<br />Mining and Safety
<br /> NOTICE OF PROPOSED
<br /> DECISION
<br />AFFIDAVIT OF PUBLICATION The Colorado Division of Reclamation,
<br /> Mining and Safety proposes toApprove
<br /> Technical Revision Application No. 61
<br /> (TR-61) for the Sanbom Creek and
<br /> Elk Creek Mine (Permit No. 'C-1981-
<br /> 022), submitted by Oxbow Mining,
<br />STATE OF COLORADO LLC. Oxbow Mining LLC has submit-
<br /> ted a Technical Revision for the Elk
<br /> Creek and Sanborn Creek Mines. The
<br />COUNTY OF DELTA SS. revision requests approval for the drill-
<br />_ ing of one new mine ventilatioiv-i;orb
<br />- - -' - - - -- hole. All of the areas proposed for - -
<br /> disturbance have been surveyed for
<br /> archaeological resources and threat-
<br /> ened and endangered species. The
<br />I, Randal Sunderland, do solemnly swear that I am mana
<br />in revision
<br />w
<br />ill include
<br />additional 0.46
<br />g
<br />g
<br />editor of the Delta County Independent, that the same is a weekly e.
<br />acres
<br />of
<br />disturbance.
<br />There will be
<br />an increase in the mine's reclamation
<br />newspaper printed, in whole or in part, and published in the County ,
<br />` liability associated with this revision.
<br />
<br />of Delta, State of Colorado, continuously and uninterruptedly in The Sanborn Creek and Elk Creek
<br />Mine is an underground coal mine
<br />said County of Delta for a period of more than fifty-two consecu- located in Delta County, approximately
<br />
<br />tive weeks prior to the first publication of the annexed legal notice 0 miles north of Somerset, Colorado.
<br />Coal interest is Federal and private,
<br />or advertisement; that said newspaper has been admitted to the and the surface affected is Federal,
<br />
<br />United States mails as second-class matter under the provisions state and private land. The permit
<br />area encompasses approximately
<br />of the Act of March 3, 1879
<br />and all amendments thereof
<br />and that 3,180 acres.
<br />,
<br />,
<br />said newspaper is a weekly newspaper duly qualified for publish- T
<br />This proposed decision is based on
<br />a finding that the proposed operation
<br />ing legal notices and advertisements within the meaning of the laws will comply with all requirements of
<br />
<br />of the State of Colorado; that the annexed legal notice or adver- the Colorado Surface Coal Mining
<br />Reclamation Act, Section 34-33-101,
<br />tisement was published in the regular and entire issue of every et seq., C.R.S., and the regulations
<br />
<br />number of said weekly newspaper for the period of one con- promulgated thereunder.
<br />Copies of the proposed decision,
<br />secutive insertion; that the first publication of said notice was in including stipulations, are on file for
<br />
<br />the issue of said newspaper dated October 1st, A.D., 2008, and public inspection at the Colorado
<br />Division of Reclamation, Mining
<br />that the last publication of said notice was in the issue of and Safety, Room 215, Centennial
<br />
<br />said newspaper dated October 1st, A.D., 2008. Building, 1313 Sherman Street,
<br />Denver, Colorado 80203. Persons
<br /> with an interest that may be adversely
<br />
<br />In . witness whereof I have hereunto set my hand this affected by the proposed decision
<br />may request a formal hearing before
<br />1st day of October, A.D., 2008. the Mined Land Reclamation Board on
<br /> the proposed decision. Such request
<br /> must be made within ten (10) days
<br />- - of the initial publication of this notice,
<br /> mus e m writing, and must state with J
<br />
<br />General manager of said reasonable specificity the reasons for
<br />the request and the objections to the
<br />Delta County Independent. proposed decision.
<br /> Published in the Delta County
<br /> Independent October 1, 2008.
<br />
<br />u scnbed and sworn before me, a Notary
<br />Public in and for the County of Delta,
<br />State of Colorado, this 1st day of October A.D.,
<br />` 2008. -
<br />ota Public
<br />My commission expires 12/24/2009
<br />900 Cypress Wood Lane, Delta, CO 81416
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