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Delta County <br />nde )endent <br />401 Meeker St. <br />P.O. Box 809 <br />Delta, CO 81416 <br />c <br />AFFIDAVIT OF PUBLICATION <br />STATE OF COLORADO <br />COUNTY OF DELTA ss. <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 June 4th, A.D., 2008, and <br />that the last publication of said notice was in the issue of <br />said newspaper dated June 11th, A.D., 2008. <br />In witness whereof I have hereunto set my hand this <br />11th day of June, A.D., 2008. <br />2a,?n6? ?L?_ - <br />General manager <br />of said <br />Delta County Independent. <br />Subscribed and sworn before me, a Notary <br />Public in and for the County of Delta, <br />State of Colorado, this 11th day of June, A.D., <br />2008. Notary Public <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416 <br />RECEIVED <br />JUN 1 b NUO <br />Division of rcedamation, <br />Mining and Safety <br />NOTICE OF PROPOSED , <br />DECISION <br />The Colorado Division'of Reclamation: <br />technical Revision Applicatiop, No <br />111 (TR-111) for the.West Elk Mine- <br />(Permit' No. , C-1980.007.), , submitted. <br />by. Mountain 'Coal Company, 4C.. <br />The operator proposes a, conceptual <br />plan for, drilling methane - drainage <br />wells to the mine's underground work= <br />togs in longwall panel E-1: Penal, E-1' <br />was previously approved fogmining" in <br />Permit Revision; 10. This conceptual <br />drilijrtg plan,proposes, in approxtmaje <br />numbers; ih4 construction of 8 access <br />roads end' i4 driilpads,"`Prom which <br />16. wells .will be drilled. The agg-. <br />gate,'ie surface'distlrrbance will be' <br />approximately 1 t) acres, all oil National <br />Forest lands: The'precL%locations of <br />the roads,: drillpads ;,and-'wella. for, <br />paiel,E 1; anti ttie amount of`required <br />reclgrnation'bond; are. proposed to,66 <br />the-June <br />by,the;mirie plan; modifications. <br />to TRltp". '; <br />ision conaOio,nally accepts this; <br />['a's proof of" right otuentry,, <br />under 36 CIF R: 215.9(b). This approy-. <br />al does'not authorize any action: on; <br />the ground: the division" provides <br />this conditional'approval'to;allbw'the' <br />next ieviews;by'OSM and the l1SDIC. <br />Aasistaitt„Secretary for,' , ri <br />= Lan_ and ', <br />the applicam;. timely and successful' <br />completiorf, f this review wiil lead to- <br />proper' ventilation'of`tfie,,mine and <br />reduce'the risk poseb to tFie'miners` <br />by the elevated methane levels at the. 1 <br />currem'time. f`ik•. <br />Any appeal of th'6 L SFS oonseht.or•' <br />modifications.to'this c_ortsent'before' <br />the conclusion of :the 1Yday; imple' <br />ineritation:period'may"be.grounds for <br />,the Di isloi to rescind its conditional <br />approval <br />The West Elk'Mine,is an'undeygrourd <br />coat mine' locatea'fm.Gunriigon County, <br />approximately mites east of i5aonia; <br />Colorado. Coal interest iv Federal' <br />'And priyate,:and'the'surfece affected:' <br />is Federal and private land.-:The per, <br />mif'area encompasses approximate <br />y;. <br />-17,154.90 acres. <br />This proposed decision is based on.-; <br />a finding that the proposed opera kin- , <br />.wilt compiy.with' all requirements of <br />the 'Colorado Surface Coal, Mining' <br />Reclamation Act; Section 34-33.1Q1;=i <br />et seq., C.R.S., and'tfib regulations <br />promulgated thereunder`:.. ' " . , . <br />Copies' of the proposed decisiok <br />including 'stipulations; are on, file for . <br />public inspection At the Colorado <br />Division' of: Reclamation, Mining <br />and Satety,: ;Room .215; +Centennial <br />Building; ,1313., Sherman.- Street', <br />DenVei, Colorado' 60203:` Persons' <br />with an mterest that,may he adversely <br />affected tiy.the proposed'` decision <br />may request a fo'rrnal hearing before, <br />the Mined Land Reclamation Board on <br />the proposed decision 'Such, request <br />must he made ,within ;ten,(10) days <br />of the initial publicatiorr of_this notice, <br />must be in writing; and must state with <br />reasonable specificity the reasons for. <br />the,request,and. the obtections to the <br />proposed decision:, <br />Published in the Delta 'Bounty, <br />Independent"June 11, <br />2808,,;