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Delta County <br />nde p lent <br />A na . <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 ss. <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 January 13th, A.D., 2010, <br />and that the last publication of said notice was in the issue of <br />said newspaper dated January 13th, A.D., 2010. <br />In witness whereof I have hereunto set my hand this <br />13th day of January, A.D., 2010. <br />General manager of said Delta County Independent <br />Subscribed and sworn before me, a Notary Public in and for the <br />County of Delta, State of Colorado, this 13th day of January A.D., <br />// 2010. <br />Notary Public <br />My commission expires 12/24/2013 <br />900 Cypress Wood Lane '?P SuNOS• <br />Delta, CO 81416 ?x •••• '9` <br />•'••. '•. <br />•• z <br />Q ; • kOTARp •'; `y <br />s • <br />i <br />PUBLIC NOTICE <br />M6untairi Coal Company LL.C <br />(MCC); PO;,Box 591; Somerset; CO <br />81'434, (970) 929-5015,, has. fled a <br />complete application' for Technical <br />Re'vigion No. TR,120°.to MCC's <br />Mining and • Reclamation Permit No. <br />C;80r0& wfth the Colorado. Mined - <br />Land Reclamation Board (Board), <br />under the provisions of the Colorado ' <br />Surface Coal Mining Reclamation Act <br />of 1979. The permit was. originally, <br />issued. by the Board in July 1981,' <br />and subsequently renewed in August <br />1986, January 1993, (EffectiveAugust <br />1991), July 1996, July 2001, and <br />February 13, 2007. The current five=. ,. <br />year -permit term expires February <br />13, 2012. The West Elk Mine,fve <br />year permit '"area contains lands in <br />Sections 9-11, 13-36, T13S, R90W, I <br />6th PM; and Sections 23-26, T1 3S; <br />, <br />R91W, 6th PM, and Sections 1-5, 8- !I <br />..12, T14S, R90W, 6th PM in Delta and , <br />Gunnison Counties.. The location of <br />the lands can be found on the USGS <br />7.5 minute Somerset and Minnesota' <br />Pass Quadrangle Topographic Maps. <br />The current permit area, encompass <br />as approximately 17,154.9 acres. <br />This Technical 'Revision is to add . <br />the Refuse Pile Expansion (RPE) <br />East coal mine waste rock area. <br />Also included are associated access <br />haul roads and stoimwater drainage ' <br />designs. This technical revision will <br />not. result in any increase in coal i <br />production above currently permit <br />led levels. <br />.Copies of the technical revision eppli <br />cation are available for review at the <br />Colorado Division of Reclamation, <br />Mining, and Safety (CDRMS)Affice, <br />Centennial Building, 1313 Sherman <br />Street, Room 215, Denver, Colorado;, <br />80203, phone (303) 866-3567, and i <br />the, Gunnison County Clerk and <br />Recorders Otfica, 221 N. Wisconsin, <br />Suite D Gunnison, C, 81230. <br />Comments or objections conceming <br />the revision application, or requests <br />for- a. public hearing to determine <br />whether the interests of the public <br />and affected landowners in regard to . <br />the proximity of the proposed project <br />to 4he outside right-of-way of State. <br />Highway 133 (even though its on , <br />existing, active. mine site property) <br />will be protected, should-be directed <br />to the CDRMS at the above address <br />not later than 30 days after the last <br />date of publication of this notice in <br />order'to be considered. If a public <br />hearing is requested,, it would be <br />held, at a location in the area of the. + <br />proposed operations. <br />Published in the Delta County _t <br />Independent January 13, 2010. 11