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4 <br /> <br />Delta County <br />independent . <br />i <br />401 Meeker St. <br />P.O. Box 809 <br />Delta, CO 81416 <br />RECEIVED <br />DEC 012008 <br />Division 01 Safe? n' <br />Nlinin9 and <br />AFFIDAVIT OF PUBLICATION NOTICE PROPOSED <br /> DEC CISION <br /> The Colorado Division of <br /> Reclamation, Mining and Safety pro- <br /> poses to Withdraw Technical Revision <br /> Application No. 112 (TR-112) for the <br /> <br />STATE OF COLORADO West Elk Mine (Permit NO. C-1980- <br /> 007), submitted by Mountain Coal <br /> Company, LLC. The operator had <br />SS. <br />COUNTY OF DELTA proposed a conceptual plan for drill. <br />rig MOIIMe .dtainage wens to the <br /> "fW"ht)'$ undergrdurid workings ifMoro--'- - - - <br /> wall panels E-2 through E-12. . <br /> The West Elk Mine is an underground <br /> <br />I, Randal Sunderland, do solemnl swear that I am mana to <br />y g' g coal mine located in Gunnison <br />county, approximately 9 miles east <br />of Paonia, Colorado. Coat interest <br />editor of the Delta County Independent; that the same is a weekly is Federal and private, and the sur• <br />news a er rinted, in whole or in art, and ublished in the Coun <br />p P P h h tY face affected is Federal and private <br />land. The permit area encom <br />ass <br /> <br />of Delta, State of Colorado, continuously and uninterruptedly in p <br />es <br />approximately 17,154.90 acres. <br />said County of Delta for a period of more than fifty-two consecu- This proposed decision is based on <br />a finding that the proposed operation <br />tive weeks prior to the first publication of the annexed legal notice will comply with all requirements of <br />or advertisement; that said newspaper has been admitted to the the Colorado Surface Coal Mininn <br />United States mails as second-class matter under the provisions Reclamation Act, Section 34-33-101, <br />at seq., C.R.S., and the regulations <br />of the Act of March 3, 1879, and all amendments thereof, and that promulgated thereunder. <br /> <br />said newspaper is a weekly newspaper duly qualified for publish- Copies of the proposed decision, <br />including stipulations, are on file for <br />ing legal notices and advertisements within the meaning of the laws public inspection at the Colorado <br />of the State of Colorado; that the annexed legal notice or adver- Division of Reclamation, Mining <br />and Safety, Room 215, Centennial <br />tisement was published in the regular and entire issue of every Building, •1313 Sherman Street, <br />number of said weekly newspaper a er for the period of one con- <br /> <br /> <br />Y P P Denver, Colorado <br />80203. <br />Persons <br />with an interest that may may b be adverse- <br />secutive insertion; that the first publication of said notice was in ly affected by the proposed decision <br />the issue of said newspaper dated November 26th, A.D., 2008, may request a formal hearing before <br />the Mined Land Reclamation Board <br />and that the last publication of said notice was in the issue of on the proposed decision. Such <br />said newspaper dated November 26th, A.D., 2008. request must be made within ten <br />(10) days of the initial publication of <br /> this notice, must be in writing, and <br />In witness whereof I have hereunto set my hand this <br />Y must state with reasonable specificity <br /> <br />26th day of Novmeber, A.D., 2008. the reasons for the request and the <br />objections to the proposed decision. <br /> Published in the. Delta CpRgty <br /> Independent. November 26, ?qi)k <br />General manager 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 26th day of November <br />A.D., 2008. <br />Notary Public <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416