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zi-I q YO _00 7
<br />Delta County
<br />independent
<br />-?,-1 1,5
<br />RECEIVED
<br />0c, 10 2008
<br />401 Meeker St.
<br />P.O. Box 809
<br />Delta, CO 81416
<br />AFFIDAVIT OF PUBLICATION
<br />STATE OF COLORADO
<br />COUNTY OF DELTA Is,.
<br />Division of Reclamation,
<br />Mining and Safety NOTICDECs PROPOSED
<br />DECISION
<br />The Colorado Division tof
<br />Reclamation, Mining and Safety pro-
<br />poses to Approve Technical Revision
<br />Application No. 113 (TR-113). for the
<br />West Elk Mine (Permit No. C-1980-
<br />007), submitted by Mountain Coal
<br />Company, LLC. The mine operator
<br />proposes to drill a 6-inch diameter
<br />hole, approximately 400 feet deep, to
<br />the underground mine workings. The
<br />hole will be used for monitoring water
<br />in the workings. This project will dis-
<br />turb approximately 9,000 square feet
<br />of private land for an access road and
<br />drill pad. The ;hole will be drilled in
<br />NE 1/4 NW 1/4 Section 15, Township
<br />- -` - 13 South, Range 90 W. This loca-
<br />tion is in the previously approved
<br />affected (subsided) area, within the
<br />permit area of the mine. The loca-
<br />I, Randal Sunderland, do solemnly swear that I am managing tion is 30 feet from one of the mine's
<br />editor of the Delta Count Independent; that the same is a week)
<br />Y sediment control ponds. The affected
<br />l
<br />i
<br />u
<br />
<br />newspaper printed, in whole or in part, and published in the County y
<br />area at the drill site was prev
<br />o
<br />s
<br />received cultural resources and state
<br />of Delta, State of Colorado, continuous) and uninterruptedly in
<br />Y and federal fish and wildlife clearance
<br />
<br />said County of Delta for a period of more than fifty-two consecu- during the review of Permit Revision
<br />'B in March 2000. Permit Revision
<br />tive weeks prior to the first publication of the annexed legal notice included surface disturbances in
<br />
<br />or advertisement; that said newspaper has been admitted to the t
<br />this area resulting from underground
<br />mine subsidence, but did not include
<br />United States mails as second-class matter under the provisions the well pad that is proposed in the
<br />
<br />of the Act of March 3, 1879, and all amendments thereof, and that current Technical Revision 113.
<br />The West Elk Mine is an underground
<br />said newspaper is a week) newspaper duly qualified for publish-
<br />Y 9 coal mine located in Gunnison
<br />
<br />ing legal notices and advertisements within the meaning of the laws County, approximately 9 miles easy
<br />of Paonia, Colorado. Coal interest
<br />of the State of Colorado; that the annexed legal notice or adver- is Federal and private, and the Sur-
<br />
<br />tisement was published in the regular and entire issue of every face affected is Federal and private
<br />land. The permit area encompasses
<br />number of said weekly newspaper for the period of one con-
<br />7,154.90
<br />This approximately 1 d
<br />ecision acres.
<br />proposed decision is based on
<br />secutive insertion; that the first publication of said notice was in a finding that the proposed operation
<br />the issue of said newspaper dated October 8th, A.D.
<br />2008
<br />and will comply with all requirements of
<br />,
<br />,
<br />that the last publication of said notice was in the issue of the Colorado Surface Coal Mining
<br />Reclamation Act, Section 34-33-101,
<br />said newspaper dated October 8th
<br />A
<br />D
<br />2008 at seq.,
<br />e and the regulations
<br />,
<br />.
<br />.,
<br />. th
<br />promulgated d thereunder.
<br /> Copies of the proposed decision,
<br />In witness whereof I have hereunto set m hand this
<br />my including stipulations, are on file for
<br />bli
<br />i
<br />
<br />8th day of October, A.D., 2008. pu
<br />c
<br />nspection at the Colorado
<br />Division , of Reclamation, Mining
<br /> and Safety, Room 215, Centennial'
<br /> Building; 1315":Sherman Street,
<br />
<br />-_ ?- Denver, Colorado &963. Persons
<br /> with an interestlfiWlYlA715 A178%'ez-- -
<br />
<br />General manager of said ly affected by the proposed decision
<br />may request a formal hearing before
<br />Delta County Independent. the Mined Land Reclamation Board
<br /> on the proposed decision. Such
<br /> request must be made within ten
<br />Subscribed and sworn before me, a Notary (10) days of the initial publication of
<br />
<br />Public in and for the County of Delta, this notice, must be in writing, and
<br />must state with reasonable specificity
<br />State of Colorado, this 8th day of October A.D., the reasons for the l and the
<br />
<br />2008. objection;; to the proposed dsed deeisior).
<br />-Published- in the Delta' County
<br /> Independent October 8, 2008.'
<br />
<br />Notary Public
<br />My commission expires 12/24/2009
<br />900 Cypress Wood Lane, Delta, CO 81416
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