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<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.
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