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AFFIDAVIT OF PUBLICATION <br />FORUM NEWSPAPER, INC <br />RECEIVED <br />STATE OF COLORADO) <br />) ss. <br />Country of Montrose ) <br />I, Susan Culver do solemnly swear that I am <br />Secretary of Forum Newspapers, Inc.; that <br />the same is a weekly newspaper printed, in whole or <br />in part, and published in the County-of-Montrose,- _ <br />State of Colorado, and has a general circulation <br />therein; that said newspaper has been published <br />continuously and uninterrupted in said County of Montrose <br />for a period of more than fifty-two weeks prior <br />to the first publication of the annexed legal notice or <br />advertisement; that said newspaper has been admitted <br />to the United States mails as second-class matter <br />under the provisions of the Act of March 3, 1879, or <br />any amendments thereof, and that said newspaper is <br />a weekly newspaper duly qualified for publishing <br />legal notices and advertisements within the meaning <br />of the laws of the State of Colorado. <br />That the annexed legal notice or advertisement was <br />published in the regular and entire issue of every number of <br />said weekly newspaper for the period of-CS-consecutive <br />insertions; and that the first pu 'catiop gsaid notice w in the <br />issue of the newspaper dated A.D., 20 and <br />that the last public ' n of jai tice was in t issue of said <br />newspaper dated r A.D., 20 l <br />In witness whereof I have hereunto set my hand <br />OCT 0 5 2009 <br />Division of Reclamation, <br />Mining and Safety <br />Legal Publication <br />NOTICE OF PROPOSED DECISION <br />The Colorado Division of Reclamation, Mining and Safety proposes to Approve with conditions Permit Renewal Applica- <br />tion No. 5 (RN-5), submitted by western Fuels-Colorado, LLC for a coal mining permit at the New Horizon Mine (Permit <br />No. C-1981-008). The proposed renewal will allow for continued mining and/or reclamation operations at the site. <br />The New Horizon Mine is located in Montrose County, approximately 1 mile north of Nucla, Colorado. Coal interest at <br />this surface mine is Private, and the surface to be affected is Private land. The permit area encompasses approximately <br />926.96 acres. - - <br />This proposed decision is based on a finding that the proposedoperation will comply with all requirements of the Colora- <br />do Surface Coal Mining Reclamation Act, Section 34-33-101 et seq., C.R.S., and the regulations promulgated thereunder. <br />A copy of the "Proposed Decision and Findings of Compliance", including any stipulations, is on file for public inspec- <br />tion at the Colorado Division of Reclamation, Mining and Safety, Room 215 Centennial Building, 1313 Sherrom Street, <br />Denver, Colorado 80203, and at the Montrose County Courthouse Annex, 300 Main, Nucla, CO 81424. Persons with <br />an interest that may be adversely affected by the proposed decision may request a formal hearing before the Mined Land <br />Reclamation Board on the proposed decision. Such request must be made within thirty (30) days of the initial publication <br />of this notice, most be in writing, and must state with reasonable specificity the reason for the request and the objections <br />to the proposed decision. <br />Published in the San Miguel Basin Forum Newspaper, September 3 & 10, 2009. <br />this - - -day of r-; A: D., <br />C uo?el) <br />Subscribed and sworn to before me, a Notary Public <br />in and for the County of Iontrose, State of Colorado <br />this-70 day of C; A.D. 20 <br />4PPtubb (Not <br />My Commision Expires__ ?1- / p2 () ??