'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
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