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o' <br />Delta County <br />ndependent <br />401 Meeker St. ?Py Y? <br />P.O. Box 809 ail' S <br />Delta, CO 81416 <br />AFFIDAVIT OF PUBLICATION <br />NOTICE OF PROPOSED <br />STATE OF COLORADO DECISION <br />The Colorado Division of Reclamation, <br />SS. Mining and Safety proposes to Approve <br />COUNTY OF DELTA Technical Revision Application No. 68 <br />(TR-68) for the Elk Creek Mine (Permit <br />No. C-1981-022), submitted by Oxbow <br />Mining,:LLC. With this technical revi- <br />I, Randal Sunderland, do solemnly swear that I am managing sion, Oxbow Mining, LLC proposes to <br />editor of the Delta County Independent; that the same is a weekly expand theapparPIl CreekMingPan' <br />beneh-by-approximatety 0.1 acres to <br />newspaper printed, in whole or in part, and published in the County facilitate completion of a 210' deep, ' <br />of Delta, State of Colorado, continuously and uninterruptedly in 18" steel cased methane drainage <br />borehole and construction of a twin <br />said County of Delta for a period of more than fifty-two consecu- electric driven methane exhauster <br />tive weeks prior to the first publication of the annexed legal notice system. The operator has requested <br /> <br />or advertisement; that said newspaper has been admitted to the no new disturbed acreage with this <br />revision application. <br />United States mails as second-class matter under the provisions The Elk Creek Mine is an under- <br /> <br />of the Act of March 3, 1879, and all amendments thereof, and that ground coal mine located in Delta <br />county, approximately 0 miles north of <br />said newspaper is a weekly newspaper duly qualified for publish- Somerset, Colorado. Coal interest is <br /> <br />ing legal notices and advertisements within the meaning of the laws Federal and private, and the surface <br />affected is Federal, state and private <br />of the State of Colorado; that the annexed legal notice or adver- land. The permit area encompasses <br /> <br />tisement was published in the regular and entire issue of every approximately 13,429.08 acres. <br />This proposed decision is based on <br />number of said weekly newspaper for the period of one con- a finding that the proposed operation <br /> <br />secutive insertion; that the first publication of said notice was in will comply with all requirements of <br />the Colorado Surface Coal Mining <br />the issue of said newspaper dated May 5th, A.D., 2010, and Reclamation Act, Section 34-33-101, <br />that the last publication of said notice was in the issue of at seq., ,and the regulations <br />promulgated ed th thereunder. <br />said newspaper dated May 5th, A.D., 2010. Copies of the proposed decision, <br /> including stipulations, are on file for <br /> public inspection at the Colorado <br />In witness whereof I have hereunto set my hand this Division of Reclamation, Mining <br />5th day of May, A.D., 2010. <br />y y, 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 />q Mined Land Reclamation Board on <br />a,16za the proposed degision. Such request <br />General manager of said Delta County Independent <br />? must be made within ten (1.0) days <br />of the jnitiel,,lublication of this notice, <br /> Lnust be;in venting; and must'tate with <br />Subscribed and sworn before me, a Notary in and for reasonable specificity the reasons for <br />the request and the objections to the <br />the County of Delta, State of Colorado, this 5th day of May A.D., proposed decision. <br />2010 Published in the Delta County <br />. Independent May 5, 2010. <br />Notary Public ,? •G\P S UNO <br />My commission expires 12/24/2013 <br />900 Cypress Wood Lane : a ; NOT'4Ry . t?Z <br />Delta, CO 81416 <br />N? '• '?'1JBLIG .? <br />?? COO