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.4? <br />a <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 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 April 22nd, A.D., 2009, and <br />that the last publication of said notice was in the issue of <br />said newspaper dated April 22nd, A.D., 2009. <br />In witness whereof I have hereunto set my hand this <br />22nd day of April, 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 22nd day of April A.D., <br />•,2009. <br />Notary Public <br />PUBLIC NOTICE <br />Mountain ,Coal Company, L.L.C. <br />(MCC), P.O. Box 591, Somerset, CO <br />81434, (970) 929-5015, has filed a <br />complete application for Technical <br />Revision No. TR-116 to MCC's <br />Mining and Reclamation Permit No. <br />C-80-007 with the Colorado, Mined <br />Land Reclamation Board (Board), <br />under the provisions of the Colorado <br />Surface Coal Mining Reclamation Act <br />of 1979. The permit was originally <br />issued by the Board in July 1981, <br />and subsequently renewed in August <br />1986, January 1993, (Effective <br />Augus1,1991), July 1996, July 2001, <br />and February 13, 2007. The cur- <br />rent five-year permit term expires <br />February 13, 2012. The West Elk <br />Mine five-year permit area contains <br />lands in Sections 9-11, 13-36, T13S, <br />R90W, 6th PM; and Sections 23-26, <br />T13S, R91 W, 6th PM, and Sections <br />1-5 , 8-12, T14S, R90W, 6th PNI in <br />Delta and Gunnison Counties. The <br />location of the lands can be farad <br />on the USGS 7.5 minute Somerset <br />and Minnesota Pass Quadrangle <br />Topographic Maps. The current <br />permit area, encompasses approxi- <br />mately 17,154.9 acres. <br />The Technical Revision enhances <br />MCC,s water treatment capabilities <br />by adding aeration equipment to the <br />existing mine dewatering pond, and <br />adding a secondary settling pond. <br />This technical revision will not result <br />in any increase in coal production <br />above currently permitted levels. This <br />technical revision would not result in <br />any, increase of disturbed area, as <br />these additions replace other previ. <br />ously approved water treatment facili- <br />' ties at this location. <br />Copies of the technical revision <br />application are available for review at <br />the Colorado Division of Reclamation, <br />Mining, and Safety (CDRMS) Office, <br />Centennial Building, 1313 Sherman <br />Street, Room 215, Denver, Colorado, - <br />80203, phone (303) 866-3567, and <br />the Gunnison County Clerk and <br />Recorders Office, 221 N. Wisconsin, <br />Suite D, Gunnison, CO 81230. <br />Comments or objections concerning <br />the revision application should be <br />directed to the CDRMS at the above <br />address not later than 10 days after <br />the date of publication of this notice in <br />order to be consid4red. <br />Published in the Delfa . County <br />Independent April 22, 2009. <br />My'commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416