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_y <br />g <br />y <br />Delta County <br />'Independent <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 Iss. <br />RECCIPVC-D <br /> <br />Division oT,,,,L;lamation, <br />Mining and Safety <br />I, Randal Sunderland, do solemnly swear that I am publisher of the <br />Delta County Independent; that the same is a weekly newspaper print- <br />ed, in whole or in part, and published in the County of Delta, State of <br />Colorado, continuously and uninterruptedly in said County of Delta <br />for a period of more than fifty-two consecutive weeks prior to the first <br />publication of the annexed legal notice or advertisement; that said <br />newspaper has been admitted to the United States mails as second- <br />class matter under the provisions of the Act of March 3, 1879, and all <br />amendments thereof, and that said newspaper is a weekly newspaper <br />duly qualified for publishing legal notices and advertisements within <br />the meaning of the laws of the State of Colorado; that the annexed legal <br />notice or advertisment was published in the regular and entire issue two <br />consecutive insertions; that the first publication of said notice was in <br />the issue of said newspaper dated October 15th, A.D., 2008, <br />and that the last publication of said notice was in the issue of <br />said newspaper dated October 22nd, A.D., 2008. <br />In witness whereof I have hereunto set my hand this <br />22nd day of October, A.D., 2008. <br />General manager <br />of said <br />Delta County Independent. <br />Subscribed and sworn before me, a Notary <br />Public in and for the 22nd day of October, A.D., <br />_ 2008. <br />Notary Public <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416 <br />NOTICE OF PROPOSED <br />DECISION <br />The Colorado Division of <br />Reclamation, Mining and Safety pro- <br />poses to Approve Permit Revision <br />Application No. 14, submitted by. <br />Mountain Coal Company, LLC for a <br />coal mining permit at the West Elk <br />Mine (Permit No. C-1980-007). The <br />applicant proposes to drill up to 152 <br />methane drainage well to the mine's <br />underground working in longwall pan- <br />els E-2 through E-12, during the next <br />12 years. The wells will be drilled <br />within the applicant's existing coal <br />leasehold and mining permit area, on <br />Federal (USFS)' and private laru%__ <br />The total aggregate surface distur- <br />bance will be approximately 80 acres <br />within an approximate 6-square mile <br />area. A Federal Environmental Impact <br />Statement was previously prepared <br />for this project. The applicant is sub- <br />stituting this Permit Revision 14 for <br />the proposed drilling project previ- <br />ously submitted to the Division as <br />Technical Revision 12. <br />The West Elk Mine is located in <br />Gunnison County, approximately <br />9 miles east of Paonia, Colorado. <br />The underground operation has an <br />antigipated ' maximum production- <br />capacity of 8.5 million tons per year. <br />Coal interest is Federal and private, <br />and the surface to be affected is <br />Federal and private land. The permit <br />area encompasses approximately <br />-17,154.90 acres. <br />This proposed decision is based on <br />a finding that the proposed operation <br />will comply with all requirements of <br />° the Colorado Surface Coal Mining <br />Reclamation Act, Section 34-33-101, <br />at seq., C.R.S., and the regulations <br />promulgated thereunder. <br />Copies of the proposed decision, <br />including any stipulations, are on <br />file for public inspection at the <br />Colorado Division of Reclamation, <br />Mining and Safety, Room 215, <br />Centennial, Building, 1313 Sherman <br />Street, Denver, Colorado 80203 <br />and at the Gunnison County Clerk <br />and Recorder, 221 N. Wisconsin, <br />Gunnison, CO 81230, Persons-with <br />an interest that may be adversely <br />affected by the proposed decision <br />may request a formal hearing before <br />the Mined Land Reclamation Board <br />on the proposed decision. Such <br />request must be made within thirty <br />(30) days of the initial publication of <br />this notice; must'be in writing, and <br />must state with reasonable specificity <br />the reasons for ft request and the <br />objections to the proposed decision. <br />Published in the Delta County <br />Independent October 15 and 22, <br />2008.