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County <br />[[Delta <br />ndependent <br />401 Meeker St. <br />P.O. Box 809 <br />Delta, CO 81416 <br />AFFIDAVIT OF PUBLICATION <br />CEIVE® <br />WN 2 2 2009 <br />LJlvislon of Recla un <br />Mining and Sa:aty <br /> NOTICE OF PROPOSED <br /> DECISION <br /> The Colorado Division of Reclamation, <br /> Mining and Safety proposes toApprove <br /> <br />STATE OF COLORADO Technical Revision Application No. 63 <br />JR-63) for the Elk Creek and Sanbom <br /> Creek Mine (Permit No. C-1981-022), <br /> $$. Submitted by Oxbow. Mining tLC.. <br />COUNTY OF DELTA msa <br />on. <br />i e- <br />- - -- - -- - -- -_'-- -? - - - -J-- "`-'? 0 I <br />I. <br />- holes at the Elk Creek Mine. It repre-. <br /> sents a one-year drilling plan, wherein <br /> drill pads; associated temporary, light <br />I, Randal Sunderland, do solemnly swear that I am mana n <br />gig use roads; and up to 23 mine ted <br />lion boreholes will be installed, , fitted <br />editor of the Delta County Independent; that the same is a weekly with pumps for mine ventilation, and <br />newspaper printed, in whole or in part, and published in the County ' eventually reclaimed. <br />The Elk Creek and Sanborn Creek <br />of Delta, State of Colorado, continuously and uninterruptedly in Mine is an underground coal mine <br />said County of Delta fora period of more than fifty-two consecu- located in Delta County, approximately <br /> <br />tive weeks prior to the first publication of the annexed legal notice .0 miles north, of Somerset, Colorado. <br />Coal interest is Federal and private, <br />or advertisement; that said newspaper has been admitted to the and the surface affected is Federal, <br /> state and private land. The permit <br />United States mails as second-class matter under the provisions area encompasses approximately <br />of the Act of March 3, 1879, and all amendments thereof, and that 13,429.08 acres. <br /> <br />said newspaper is a weekly newspaper duly qualified for publish- This proposed decision is based n <br />a finding that the proposed operatioon <br />ing legal notices and advertisements within the meaning of the laws will comply with all requirements of <br /> the Colorado Surface Coal Mining <br />of the State of Colorado; that the annexed legal notice or adver- Reclamation Act, Section 34-33.101, <br />Usement was published in the regular and entire issue of every at seq., C.R.S., and the regulations <br /> <br />number of said weekly newspaper for the period of one con- promulgated thereunder, <br />Copies of the proposed decision, <br />secutive insertion; that the first publication of said notice was in including stipulations, ate on file for <br /> <br />the issue of said newspaper dated June 17th, A.D., 2009, and public inspection at the Colorado <br />Division of Reclamation, Mining <br />that the last publication of said notice was in the issue of and Safety, Room 215, Centennial. <br /> <br />said newspaper dated June 17th, A.D., 2009. Building, 1313 Sherman. Street, <br />Denver, Colorado 80203. Persons <br /> with an interest that may be adversely <br /> <br />In witness whereof I have hereunto set my hand this affected by the proposed decision may <br />request a formal hearing before the <br />17th day of June, A.D., 2009. Mined Land Reclamation Board on <br /> the proposed decision. Such request <br /> must be made within ten (10Ldays <br /> of the initial p "A1ion qt w <br />? <br />' <br />- - -- - ? - - - <br />' _ must be fi liil g"Rt <br />nYtis <br />F? , <br /> <br />General manager of said reasonable specificity the reasons for <br />the request and the objections to the <br />Delta County Independent. proposed decision. <br /> -Published in the Delta County <br /> Independent June 17, 2009. . <br />Subscribed and sworn before me, a Notary <br />Public in and for the County of Delta, <br />State of Colorado, this 17th day of June A.D., <br />2009. <br />Notary Public <br />my commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416