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<br />4
<br />F
<br />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 SS.
<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 31st, A.D., 2008,
<br />and that the last publication of said notice was in the issue of
<br />said newspaper dated December 31st, A.D., 2008.
<br />In witness whereof I have hereunto set my hand this
<br />31st day of December, A.D., 2008.
<br />RECEIVED
<br />JAN 13 2009
<br />Division of r,,;;c(amation,
<br />Mining and Safety
<br />NOTICE OF PROPOSED DECISION
<br />The Colorado Division of Reclamation,
<br />Mining and Safety proposes to
<br />Approve Technical Revision
<br />Application No. 69 (TR-60) for the
<br />Elk Creek and Sanborn Creek Mine
<br />(Permit No. C-1981-022), submitted
<br />by Oxbow Mining, U.C. TR-60
<br />provides for the addition of the Bear
<br />Creek shaft and fan facility and up to
<br />three cased 6" utility boreholes. The
<br />facility will comprise approximately
<br />2.3 acres, located in the Bear Creek
<br />drainage approximately 2 miles north
<br />of SH 133 and located entirely on
<br />Oxbow fee surface and minerals land
<br />in Gunnison County.
<br />The Elk Creek and Sanbom Creek
<br />Mine is. an underground coal mine
<br />located in Delta County, approximately
<br />0 miles north of Somerset, Colorado.
<br />Coal interest is Federal and private,
<br />and the surface affected is Federal,
<br />state and private land. The permit
<br />area encompasses approximately
<br />13,429.08 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 Wposed decision,
<br />including-stipamt6rn,,-'w-on file for
<br />'
<br />public inspection at the Colorado
<br />Division of Reclamation,- Mining
<br />and Safety, Ropm 215, Centennial
<br />Building, .1313 Sherman Street,
<br />Denver, Colorado 80203. Persons
<br />with 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 ten
<br />(10) days of the initial publication of
<br />this notice, must be in writing, and
<br />must state with°reasonsble specificity
<br />the reasons for the request and the
<br />objections to the proposed decision.
<br />Published in the D lia; County.
<br />Independent Decert",3'1 2008.
<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 31st day of December
<br />A.D., 2008.
<br />Notary Public
<br />My commission expires 12/24/2009
<br />900 Cypress Wood Lane, Delta, CO 81416
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