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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