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'ViDelta 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 January 14th, A.D., 2009, <br />and that the last publication of said notice was in the issue of <br />said newspaper dated January 14th, A.D., 2009. <br />In witness whereof I have hereunto set my hand this <br />14th day of January, A.D., 2009. <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 14th day of January A.D., <br />2009. <br />Notary Public <br />f vR M? Bc0 <br />Rec r <br />IJAN 20 «?l i i8?1011, <br />) wisiori and safety <br />? 01139 <br />NOTICE OF PROPOSED <br />DECISION <br />The Colorado Division . of <br />Reclamation, Mining and Safety <br />proposes to Approve Technical <br />Revision Application No. 60 (TR <br />60) for the Elk Creek and Sanborn <br />Creek Mine (Permit No. C-1981.022), - <br />submitted by Oxbow Mining LLC <br />This Technical Revision 'pr y) as <br />..? for. the adcJitip.of?,tp <br />sffa an fan facility and up to three <br />6" utility boreholes. The facility will <br />comprise approximately 2.3 acres, <br />located in the Bear Creek drainage <br />approximately 2 miles North of SH <br />133, and located entirely on Oxbow <br />fee surface and minerals land in <br />Gunnison County. <br />The Elk Creek and Sanborn 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 />Reblamation Act, Section 34 33 101, <br />at seq., C.R.S., and the regulations <br />promulgated thereunder. <br />Copies of the proposed decision, <br />including stipulations, are on file for <br />public inspection at the Colorado <br />Division of Reclamation, Mining <br />and Safety, Room 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 />oa the bj.?Pposed decisign. ;;$yRjV, <br />request 'lust J?e,.rnade with. t£n _ <br />-(40) days of the initial publication of <br />this notice, must be in writing, and <br />must state with reasonable specificity <br />the reasons for the request and the <br />objections to the proposed decision. ' <br />Published in the Delta County . <br />Independent January 14, 2009. <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416