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
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