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Delta County <br />[,ndependent <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 />I, Randal Sunderland, do solemnly swear that I am managing <br />editor of the Delta County Independent, that the same is a weekly <br />newspaper printed, in whole or in part, and published in the County <br />of Delta, State of Colorado, continuously and uninterruptedly in <br />said County of Delta for a period of more than fifty-two consecu- <br />tive weeks prior to the first publication of the annexed legal notice <br />or advertisement; that said newspaper has been admitted to the <br />United States mails as second-class matter under the provisions <br />of the Act of March 3, 1879, and all amendments thereof, and that <br />said newspaper is a weekly newspaper duly qualified for publish- <br />ing legal notices and advertisements within the meaning of the laws <br />of the State of Colorado; that the annexed legal notice or adver- <br />tisement was published in the regular and entire issue of every <br />number of said weekly newspaper for the period of one con- <br />secutive insertion; that the first publication of said notice was in <br />the issue of said newspaper dated December 17th, A.D., 2008, <br />and that the last publication of said notice was in the issue of <br />said newspaper dated December 17th, A.D., 2008. <br />In witness whereof I have hereunto set my hand this <br />17th day of December, A.D., 2008. <br />?Z__J Lj l <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 17th day of December <br />A.D., 2008. <br />y <br />Notary Public <br />RECEIVED <br />DEC 2 9 2008 <br />Division of Reciamation, <br />Mining and Safety <br />NOTICE OF PROPOSED <br />DECISION <br />The Colorado: Division' of R,eclamation,. <br />Min?4 and,Safety proposes to Approve <br />Te§imical .,Revision Application No. <br />tt_? (TR 175) for the West Elk Mine <br />(Permit No. C-1980-007), submitted.. k <br />by Mountain Coal Company, LLC. The <br />operator proposes to update design,;' <br />calculations and;maps for ditches and <br />culverts in the surface facilities areas <br />of the mine. <br />The West Elk Mine is an underground <br />coal mine located in Gunnison County, <br />approximately 9 miles east of Paonia, <br />Colorado. Coal interest is Federal <br />and private, and the surface affected <br />is Federal and private land. The per- <br />mit area.encompasses approximately <br />17,154.90 acres. <br />This proposed decision is based OW <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.PIZ and the regulations <br />promulgated tlfiereunder. <br />Copies of the. proposedecision, <br />including stipulations, are on fle=for <br />public inspection at the Colorado. <br />Division of Reclamation ; Oining, <br />and fety--Room 21%?iCentennial .p <br />Builn,? ,','1313 Sherman Street, <br />Denver,-. Colorado, 80203] Persons <br />with an -interest that may be adversely <br />aff t? 1 .by%tF?e proposed decision 11 rr);rquest?a format hearing before <br />tli? lAired Land Reclamation Board on <br />thi nrbaosed decision.. Such request <br />niy: de made within ten "il )days! <br />ofah,, inital:pubiication of this`n tice, <br />must oe in writing, and must state with <br />reasonable specificity the reasons for <br />the request and the objections to the <br />proposed decision. <br />Published in the Delta County <br />Independent December 17, 2008 <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416