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Delta County <br />ndep , endent <br />I PEA W-7 <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 publisher of the <br />Delta County Independent, that the same is a weekly newspaper print- <br />ed, in whole or in part, and published in the County of Delta, State of <br />Colorado, continuously and uninterruptedly in said County of Delta <br />for a period of more than fifty-two consecutive weeks prior to the first <br />publication of the annexed legal notice or advertisement; that said <br />newspaper has been admitted to the United States mails as second- <br />class matter under the provisions of the Act of March 3, 1879, and all <br />amendments thereof, and that said newspaper is a weekly newspaper <br />duly qualified for publishing legal notices and advertisements within <br />the meaning of the laws of the State of Colorado; that the annexed legal <br />notice or advertisment was published in the regular and entire issue two <br />consecutive insertions; that the first publication of said notice was in <br />the issue of said newspaper dated February 18th, A.D., 2009, <br />and that the last publication of said notice was in the issue of <br />said newspaper dated February 25th, A.D., 2009. <br />In witness whereof I have hereunto set my hand this <br />25th day of February, A.D., 2009. <br />General manager <br />of said <br />Delta County Independent. <br />Subscribed and sworn before me, a Notary <br />Public in and for the 25th day of February, A.D., <br />2009. <br />Notary Public <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416 <br />I?t?1-022 <br />RN-s <br />RECE'1 W <br />MAR 0 3`09 <br />Division, - --,a rawa- <br />Mining and SAW <br />NOTICE OF PROPOSED <br />'DECI.$ION <br />The Colorado Division ofAeclamation, <br />Mining -and ' Safety` -proposed tom <br />Approve:Permit'Renewal Application'' <br />No 5 (RN-5), submitted by Oxbow <br />Mining, LLC fora coal mining permit <br />at the:ElkCreek -and Sanbom Creek <br />Mine.. (Permit No. C-1981-022). The- <br />- proposed renewal wtll allow for contin- <br />ued mining and/or reclamation opera- <br />tions at the site. <br />The Elk Creek 'and Sanborn Creek' ` <br />i Mine is, locatetl, in Delta . County, <br />just north of Somerset, Colorado, <br />Colorado Coal interest at this urider- <br />grourid mine is Federal and. privat8, <br />add the. surface to he affected is <br />Fedeial,`state and private land: The, <br />permit. area .encompasses. approxi- <br />mately3,429.08 acres, - <br />This proposed 'decision is based on <br />a finding that the proposed,operation' <br />will comply with all requirements of <br />the'.ColoradoSurface Coal : Mining <br />Reclamation Act,, Section. 34,-33-101-1 <br />et ?seq.',_ C.R.S.; and the regulations <br />promulgated thereunder. <br />A copy of the "Proposed Decision <br />and Findings of Compliance includ- <br />ing any stipulations, is on file for public <br />inspection at the Colorado Division <br />0f Reclamation, Mining and. Safety, <br />Room215 Centennial' Building,; <br />j 1313. Sherman Street, Denver, ; <br />Colorado 80203, at the Paonia Public <br />Library 140 Grand .Avenue, Paohia, <br />14 ,t the Gunnison County <br />'krr 121 N Wisconsin, Suite <br />C. r nis:_n. 1-lfi, and at . <br />L -J !h? -eau t. .;I t,s lfi..e,'501 <br />'.. Ps xut-'227, Delta, CO 81416. <br />Fe ,•:irh ;an interest that may be <br />elected by the proposed <br />11 i-quest a-formal hea,'nng <br />-! <br />?c uro We Mined Land Reclamation <br />and, on the proposed decision. <br />:, clh request must be made within <br />thirty (30) days of the initial publication <br />of,this'notice. must be in writing and <br />murta reasonable specificity <br />the j n f?r the requ st and;the <br />obj l I rose ision. <br />`F tr ? De ounty ? <br />Ind r r f ebru ?r, J; i3q 1 25, _ <br />20(