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RECEIVED
<br />Delta County
<br />,ndependent
<br />401 Meeker St.
<br />P.O. Box 809
<br />Delta, CO 81416
<br />MAR 2 9 2010
<br />Division of Reclamation,
<br />Mining and Safety
<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 March 24th, A.D., 2010, and
<br />that the last publication of said notice was in the issue of
<br />said newspaper dated March 24th, A.D., 2010.
<br />In witness whereof I have hereunto set my hand this
<br />24th day of March, A.D., 2010.
<br />General manager of said Delta County Independent
<br />NOTICE OF PROPOSED
<br />DECISION
<br />The Colorado Division of Reclamation,
<br />Mining and Safety proposes to Approve
<br />Technical Revision Application No. 64
<br />(TR-64) for the Elk Creek Mine (Permit
<br />No. C-1981-022), submitted by Oxbow
<br />Mining, LLC. This Technical Revision
<br />,.-provides for the addition of three (3)
<br />gob vent boreholes at the Elk Creek
<br />Mine. Three' drill pads and associ-
<br />ated temporary, light use roads will be
<br />installed; the boreholes will be fitted
<br />with pumps for mine ventilation, and
<br />eventually reclaimed.
<br />71x41 Cree ine isn undergcgupd
<br />--.--1 coal mine ....e in "belta County; ' °.-- ---- -,----
<br />just north of Somerset, Colorado.
<br />Coal interest is Federal and private,
<br />and the surface affected is Federal,
<br />state and private land. The permit
<br />area encompasses approximately
<br />13,429.08 acres.
<br />This proposed decision is based on
<br />a finding that the proposed operation
<br />will comply with all requirements of
<br />the Colorado Surface Coal Mining
<br />Reclamation Act, Section 34-33-101,
<br />et seq., C.R.S., and the regulations
<br />promulgated thereunder.
<br />Copies of the proposed decision,
<br />including stipulations, are on file for
<br />public inspection at the Colorado
<br />Division of Reclamation, Mining
<br />and Safety, Room 215, Centennial
<br />Building, 1313 Sherman Street,
<br />Denver, Colorado 80203. Persons
<br />with an interest that may be adversely
<br />affected by the proposed decision may
<br />request a formal hearing before the
<br />Mined Land Reclamation Board on
<br />the proposed decision. Such request
<br />must be made within ten (10) days
<br />of the initial publication of this notice,
<br />must be in writing, and must state with
<br />reasonable specificity the reasons for
<br />the request and the objections to the
<br />proposed decision.
<br />Published in the Delta County
<br />Independent March 24, 2010.`.
<br />Subscribed and sworn before me, a Notary Public in and for the - `- "-
<br />County of Delta, State of Colorado, this 24th day of March A.D.,
<br />2010.
<br />Notary Public
<br />My commission expires 12/24/2013
<br />900 Cypress Wood Lane
<br />Delta, CO 81416
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