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<br />Delta County
<br />ndependent RECEIVED
<br />M/M
<br />401 Meeker St. MAY 2 8 x,009
<br />P.O. Box 809
<br />Delta, CO 81416 Division of Reclamation,
<br />Mining and Safety
<br />AFFIDAVIT OF PUBLICATION
<br />STATE OF COLORADO
<br />COUNTY OF DELTA 9S. NOTICE OF -PROPOSED
<br />_ -- - - - -- - - - - -- ?- . -_-_ _ DECISION
<br /> The Colorado Division of ^ - - -- - --- -
<br /> Reclamation, Mining and Safety pro-
<br /> poses to Approve Technical Revision
<br />1, Randal Sunderland, do solemnly swear that I am managing Elk'Mine 116 ( ) for the
<br />West est Elk Mine (Permit tNo No. . C-1980- '
<br />editor of the Delta County Independent; that the same is a weekly oo7?, submitted by Mountain Coal
<br />
<br />newspaper printed, in whole or in part, and published in the County rimpany, LLC. The mine operator
<br />proposes to add aeration equipment
<br />of Delta, State of Colorado, continuously and uninterruptedly in to the mine's existing mine dewater-
<br />
<br />said County of Delta for a period of more than fifty-two consecu- ing pond and construct a second-
<br />ary settling pond on land previously
<br />tive weeks prior to the first publication of the annexed legal notice approved for disturbance. The project
<br />
<br />or advertisement; that said newspaper has been admitted to the will be on privately owned land.
<br />The West Elk Mine is an under-
<br />United States mails as second-class matter under the provisions ground coal mine located in Gunnison
<br />
<br />of the Act of March 3, 1879, and all amendments thereof, and that County, approximately 9 miles east of
<br />Pfionia, Colorado.. Coal interest is
<br />said newspaper is a weekly newspaper duly qualified for publish- Federal and private, and the sur-
<br />ing legal notices and advertisements within the meaning of the laws
<br />g face affected is Federal and private
<br />es
<br />i
<br />of the State of Colorado; that the annexed legal notice or adver- t area encompass
<br />land. The perm
<br />approximately 17,154.90 acres.
<br />
<br />tisement was published in the regular and entire issue of every This proposed decision is based on
<br />a finding that the proposed operation
<br />number of said weekly newspaper for the period of one con- will comply with all requirements of
<br />
<br />secutive insertion; that the first publication of said notice was in the Colorado Surfacb Coal Mining
<br />0
<br />
<br />the issue of said newspaper dated May 20th, A.D., 2009, and 1,
<br />Reclamation Act, Section 34-33-1
<br />at seq., C.R.S., and the regulations-
<br />
<br />that the last publication of said notice was in the issue of promulgated thereunder.
<br />Copies of the proposed decision,
<br />said newspaper dated May 20th, A.D., 2009. including stipulations, are on file for
<br /> public inspection at the Colorado
<br />
<br />In witness whereof I have hereunto set my hand this Division of Reclamation, Mining
<br />and Safety, Room 215, Centennial
<br />20th day of May, A.D., 2009. Building, 1313 Sherman Street,:
<br />'
<br /> Denver, Colorado 80203. Persons
<br /> with an interest that may be adverse-
<br />- ly affected by the proposed decision
<br /> may request _a formal hearing before
<br /> the Mined Land Reclamation Board - -- ----
<br />General manager of said on the proposed decision. Such
<br />
<br />Delta County Independent. request must be made within, ten
<br />(10) days of the initial publication of
<br /> this notice, must be in writing, and
<br />Subscribed and sworn before me, a
<br />aNotary must state with reasonable specificity,
<br />the reasons for the request and the
<br />Public in and for the County of Delta, objections to the proposed decision.
<br />State of Colorado, this 20th day of May A.D., Independen Mayt20, 009. County
<br />;2009. - -
<br />
<br />Notary Public
<br />My commission expires 12/24/2009
<br />900 Cypress Wood Lane, Delta, CO 81416
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