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<br />AFFIDAVIT OF PUBLICATION Rec'elve® <br />STEAMBOAT PILOT & TODAY JAN 0 5 2009 <br />Divis,?r, 4 <br />STATE OF COLORADO Mining arc:;: Ilion, <br />COUNTY OF ROUTT ` 611E <br />I, Jennifer Gibbon, do solemnly swear that I am Assistant Bookkeeper of the Steamboat <br />Pilot & Today that the same is a daily newspaper printed, in whole or in part, and <br />published in the County of Routt, State of Colorado, and has a general circulation therein; <br />that said newspaper has been published continuously and uninterruptedly in said County <br />of Routt for a period of more than fifty-two weeks prior to the first publication of the <br />annexed legal notice or advertisement; that said newspaper has been admitted to the <br />United States mails as second-class matter under the provisions of the Act of March 3, <br />1879, or any amendments thereof, and that said newspaper is a daily newspaper duly <br />qualified for publishing legal notices and advertisements within the meaning of the laws <br />of the State of Colorado. That the annexed legal notice or advertisement was published <br />in the regular and entire issue of every number of said daily newspaper for the period of <br />One consecutive insertions; and that the first publication of said notice was in the issue of <br />said newspaper dated December 28th A.D., 2008, and that the last publication of said <br />notice was in the issue of said newspaper dated December 28th 2008. In witness where <br />of I have hereunto set my hand this 30th day of December A.D., 2008. <br />Gibbon <br />Subscribed and sworn to before me, a Notary Public in and for the County of Routt, State <br />of Colorado the 30th day of December, 2008. A.D. <br />.0 0 <br />Hol Hunter <br />(Notary Public) <br />My Commission expires August 19, 2009 "cn : p U S L 1 G •: <br />„ .a • . i <br />NOTICE OF PROPOSED DECISION <br />The Colorado Division of Reclamation, Mining and Safety proposes to Approve Technical <br />Revision Application No. 38 (TR-38) for the Yoast Mine (Permit No. C-1994-082), submit- <br />ted by Seneca Coal Company, LLC. This revision application addresses remediation of a <br />landslide located on a steep reclaimed slope adjacent to sediment Pond 012 at the Seneca <br />*ast Mine. The plan was submitted in response to abatement Item # 2, contained in <br />Notice of Violation (NOV) CV-2008-001. <br />The Yoast Mine surface coal mine located in Routt County, approximately 7 miles southwest <br />of Hayden, Colorado. Coal interest is Federal and private, and the surface affected is Fed- <br />eral, state and private land. The permit area encompasses approximately 2,318.30 acres. <br />This proposed decision is based on a finding that the proposed operation will comply with <br />all requirements of the Colorado Surface Coal Mining Reclamation Act, Seqtion 34 33 101, <br />et seq., C.R.S., and the regulations promulgated thereunder. <br />Copies of the proposed decision, including stipulations, are on file for public inspection at <br />the Colorado Division of Reclamation, Mining and'Safety, Room 215, Centennial Build- <br />ing, 1313 Sherman Street, Denver, Colorado 80203. Persons with an interest that may be <br />adversely affected by the proposed decision may request a formal hearing before the Mined <br />Land Reclamation Board on the proposed decision. Such request must be made within ten <br />(10) days of the initial publication of this notice, must.be in writing, and must state with rea- <br />sonable specificity the reasons for the request and the objections to the proposed decision. <br />First publication date: December 28, 2008 <br />10162137 <br />,g