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REOFMr-P
<br />PROOF OF PUBLICATION JUN L -? B09
<br />STATE OF COLORADO 'Nvislolr ur r?? Aamaflon,
<br />Mining and Safety
<br />COUNTY OF LAS ANIMAS} SS
<br />Aileen Hood, of lawfiil 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 first ublication of which was
<br />ma on the day of
<br />L_- 2009, and
<br />published thereafter on
<br />and final publication thereof was in the issue
<br />dat the 2•1 s-3day of
<br />(_ 2009.
<br />
<br />Subscri ed ands om to before me this
<br />day of
<br />Al D., 2009,,,,--'
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<br />NOTAAV PURL lC. ` O/V
<br />? F COLORADO
<br />1--012,
<br />NOTICE OF PROPOSED DECISION
<br />The Colorado Division of, Reclamation, Mining and : Safety proposes" -to
<br />Approve Technical Revision; Application No. 50 (TR 50),fof: the New- Elk .
<br />Mine (Permit No. C-1981-012),, submitted, by New Elk Coal Company,
<br />LLC. The -applicant is proposing to add the. two Apache Canyon ventila-
<br />tion.shafts into the perrriit area. Due to the remote nature of these two
<br />capped. ventilation -shafts, the permit boundary must be eispanded 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 located adja-
<br />cent and, south of Highway 12:
<br />The New Elk Mine is a, `underground coal mine located `in .Las Animas
<br />County, approximately 2' miies west: of Trinidad, Colorado: Coal interest
<br />is.both private and'State owned and the surface affected is also both'pn
<br />Vately owned and State owned,'as 'part of the Bo"sque del Oso'State
<br />Wildlife Area. Including the lands added by this. revisionrthe. permit area.
<br />encompasses approximately 1_,598.00,acres
<br />This proposed decision is based on a finding that the, proposed ;opera-.
<br />`tion.will comply with'-all requiremepts,of. the Colorado Surface Coal Min- "
<br />j ing Reclamation Act; Section 3433-101, at.seq., C.R.S.,'andtho regula-.
<br />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 />Colorado 80203,` Persons with an interest that may be a adversely af- -
<br />fected by the proposed decision rimay 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 />reasons for the request and the objections to the proposed•decision.
<br />Published April 21, 2009
<br />My commission expires on November 18, 2012
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