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Delta County <br />,independent <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 January 12th, A.D., 2011, <br />and that the last publication of said notice was in the issue of <br />said newspaper dated January 12th, A.D., 2011. <br />In witness whereof I have hereunto set my hand this <br />12th day of Janaury, A.D., 2011. <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 12th day of January A.D., <br />2011. <br />OU <br />otary Public <br />My commission expires 12/24/2013 <br />900 Cypress Wood Lane <br />Delta, CO 81416 <br />.?••''?p. SUNO•'''?. <br />4;' . ••• <br />4 .; ? ?pTAq y 2 <br />:O <br />_, •, PUB <br />L% <br />.? QQ <br />CC,VZ <br />Q;,JAAI 7: a2011 <br />h1"ling c?? 4 <br />NOTICE OPPROPOSED <br />DECISION <br />The Colorado Division of Reclamation; - <br />Mining ; and-,safety' " proposes, ; to <br />Approve technical Re"vision <br />Application No. 123 (Tit-123) f6hhe', <br />West Elk Mine (Permit,No. C-1980= <br />007), submitted'by'Mountairr:Coa1,. <br />Company, LLC. The mine operator, <br />proposes to'update'the mining permit " <br />application'with the 20.tvdrilling;plah <br />formethane drainage wells-(MDWs). <br />The MDWs and their access roads <br />will be located on •U.S:; Forest <br />Service: land. The MDWs'and iheir <br />,access, roads have been previously <br />approved, although" changes, are <br />proposed in the locations of some. of <br />,these MDWsi and roads.''. " , <br />The West Elk Mine is:an underground <br />coalmine located. in - Gunnison <br />County; ? &rozimately 9. miles east <br />of Paonia, Colorado. Coal interest is <br />Federal and private, and the surf ace <br />affected is Federal and.private land. <br />Th'e . permit". 'area.-, 'encompasses. <br />.approximately 17j54.90 acres.' 1-. <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,-Seedtion.34-33`101; <br />et, seq., C.R:S.; and the regulations <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 Sharman . Street; <br />Denver, :Colorado 80203.; .'Persons <br />with an interest that maybe a - dversely . <br />affected by the proposed decision <br />'may request a formal hearing before <br />the Mined Land Reclamation Board . <br />on the proposed decision: " Such <br />request must be made, within' ten I <br />(10) days of the initial publication of <br />this notice, must be in writing, and <br />must state with reasonable specificity <br />the reasons for the request, afid'the <br />objections to the proposed decision. <br />'Published in''the..Delte Qounty <br />independent January 12, 2011.: