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<br />PROOF OF PUBLICATION
<br />STATE OF COLORADO
<br />COUNTY OF LAS ANIMAS} SS
<br />Aileen Hood, of lawful age, being first duly
<br />sworn upon oath, deposes and says that she is
<br />the authorized agent of The Chronicle-News,
<br />daily newspaper of general circulation which is
<br />published and circulated in the City of
<br />Trinidad, Las Animas County, Colorado, that
<br />said newspaper is a newspaper of general
<br />circulation complying with all of the requirements
<br />of Articles I to VII, Chapter 130, 1935,
<br />Colorado Statutes Annotated, and all other
<br />laws of said State, and that said legal / notice
<br />has been so published for the period of time
<br />prescribed in said newspaper proper and not a
<br />supplement, the fir §t publication of which was
<br />made on the„GL day of
<br />2009, and
<br />publi hed thereafter on
<br />and final publication thereof was in the issue
<br />dated the -2- /Sf day of
<br />li-D61 _, 2009.
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<br />NOTICE OF PROPOSED DECISION
<br />The Colorado Division of Reclamation, Mining and Safety proposes to
<br />Approve. Technical Revision Application No. 50 (TA-50) for the New Elk
<br />Mine (Permit No. C-1981-012), submi*d bHNew Elk Coal Company,
<br />LLC. The applicant is proposing to aid the two Apache Canyon ventila-
<br />tion shafts into the permit area. Due to the remote nature of these two
<br />capped ventilation shafts, the permit boundary must be expanded by
<br />698 acres. The shafts will be intake air only and no facilities or power
<br />are required at either location. Ventilation shafts will also be rehabilitated
<br />at the West Mine area, part of the original mine facilities locatedjadya-
<br />cent and south of Highway 12. J
<br />The New Elk Mine is a underground coal, mine located in Las Animas
<br />County, approximately 25 miles west of Trinidad, Colorado. Coal interest
<br />is both private and State owned and the surface •affected is also both pri-
<br />vately owned and State owned as part of the Bosque `del Oso State
<br />Wildlife Area. Including the lands added by this revision„the, permit area.
<br />encompasses approximately" 1,598 00"acres.
<br />This proposed decision,i,s.based on a finding that the proposed opera-
<br />tion will comply with, all requirements of the Colorado Surface Coal'Min-
<br />ing Reclamation Act, Section 34-33-101, et seq., C.R.S., and the regula-
<br />l tions promulgated thereunder.
<br />Copies of the proposed decision, including stipulations, are on file for
<br />public inspection at the Colorado Division of Reclamation, Mining and
<br />Safety, Room 215, Centennial Building, 1313 Sherman Street, Denver,
<br />i Colorado 80203: Persons with an interest that maybe a adversely Af-
<br />fected by the proposed decision may request a formal hearing before
<br />the Mined Land Reclamation Board on the proposed decision. Such re-
<br />quest must be made within ten (10) days of the initial publication of this
<br />notice; must be in writing, and must state with reasonable specificity the
<br />i reasons for the request and the objections to the proposed decision.
<br />Published April 21, 2009
<br />Subscribed and sw rn to before me this
<br />day of,
<br />A. D., 2009.
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<br />RECEIVED
<br />JUN 17 2009
<br />Division of I•ceclamation,
<br />Mining and Safety
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