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J R <br />I <br />Delta County <br />nde1pendent <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 July 1st, A.D., 2009, and <br />that the last publication of said notice was in the issue of <br />said newspaper dated July 1st, A.D., 2009. <br />In witness whereof I have hereunto set my hand this <br />1st day of July, 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 1st day of July A.D., <br />2009. <br />Notary Public <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416 <br />RECEIVED <br />,JUL 0 0 2009 <br />t;l,,,,,,,,,, I-,?ecramation, <br />Mining and Safety <br />NOTICE OF PROPOSED will comply with all requirements of <br />DECISION . the Colorado Surface Coal Mining <br />i The Coloratl9 tNl$ion of Reclamation,. Reclamation Act, Section 34438.101, <br />Mining and Safety Propose stoApprove- at seq., C.R.S. and the regulations Y- <br />-Technical Revision Application No. Promulgated thereunder. <br />117 (TR-117) for the West Elk Mine Copies of the proposed decision, <br />,(Permit No. C-1980.007), submitted including stipulations, are on file for <br />by Mountain Coal Company; LLC. public inspection at the Colorado <br />' <br />Technical Revision 17 updates and Division <br />of Reclamation,. Mining <br />revises information in the permit appli- and Safety, Room 215, Centennial <br />cation, in response to the Division's Building, 1313 Sherman Street, <br />Midterm Permit Review 6. Proposed Denver, Colorado 80203. Persons <br />updates and revisions include: a new with an interest-that may be adversely <br />table summarizing the Inventory of affected by the proposed decision may <br />Structures and Renewable Resources, request a formal hearing before the, <br />an updated table of topsoil stockpiles, Mined Land Reclamation Board on <br />removal of. a permit stipulation regard- the proposed decision. Such request <br />ing hydrologic reporting that duplicates must be made within ten (30) days <br />reporting requirements specified in the of the initial publication of this notice, <br />permit text, and changing the submit- must be in writing, and must state with <br />«tal due date for the annual hydrology reasonable specificity the reasons for <br />report, from April 30 to June 30 each the request and the objections to the <br />year. The only change to the opera- proposed decision. <br />tion plan is elimination of a previously Published in the Delta County <br />approved vent shaft project that is Independent July 1, 2009. - <br />no longer planned for construction. <br />The reclamation cost estimate for the - <br />mine was updated in this Technical <br />Revision, resulting in a reduction of <br />$1,599,429. The updated total for the <br />estimate is $13,842,855. This reduc- <br />tion resulted mainly from reduced unit <br />costs in reclamation tasks, changes in <br />equipment selection for reclamation, <br />and elimination of reclamation tasks <br />for projects no longer planned. <br />The West Elk Mine is an underground <br />coal mine located in Gunnison County, <br />approximately 9 miles east of Paonia, <br />Colorado. Coal interest i5 Federal <br />and private, and the surface affected <br />is Fedbrai and.ovate jand `? 4 per= <br />mit area encompasses approximately -?- -~J°-'- <br />17,154.90 acres. <br />This proposed decision is based on <br />a finding that the proposed operation