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L "P. COIINtt <br />INDE PENDENT <br />STATE OF COLORADO <br />COUNTY OF DELTA <br />401 Meeker St. <br />P.O. Box 809 <br />Delta, CO 81416 <br />AFFIDAVIT OF PUBLICATION <br />}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 July 27th, A.D.. 2011, and <br />that the last publication of said notice was in the issue of <br />said newspaper dated July 27th, A.D., 2011. <br />In witness whereof I have hereunto set my hand this <br />27th day of July, 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 27th day of July A.D., <br />2011. <br />Notary Public <br />My commission expires 12/24/2013 <br />900 Cypress Wood Lane <br />Delta, CO 81416 <br />PUBLIC NOTICE <br />Mountain Coal Company, L.L.C. <br />(MCC), P.O. Box 591, Somerset, CO <br />81434, (970) 929 - 5015,- has filed a <br />complete application for Technical <br />Revision No. TR -125 to MCC's Min - <br />ing and Reclamation Permit No. <br />C-80 -007 with the Colorado Mined <br />Land Reclamation Board (Board), <br />under the provisions of the Colo- <br />rado Surface Coal Mining Reclama- <br />tion Act of 1979. The permit was <br />originally issued by the Board in <br />July 1981, and subsequently re- <br />newed in August 1986, January <br />1993 (effective August 1991), July <br />1996, July 2001, and April 2007 <br />(effective July 2006.) The current <br />five -year permit term expires July <br />31, 2011 and is in the process of <br />renewal. The West Elk Mine five - <br />year permit area contains lands in <br />Sections 9 -11, 13 -36, T13S, R9OW, <br />6th PM; and Sections 23 -26, T13S, <br />R91 W, 6th PM, and Sections 1 -5 , <br />8 -12, T14S, R9OW, 6th PM in Delta <br />and Gunnison Counties. The loca- <br />tion of the lands can be found on <br />the USGS 7.5 minute Somerset and <br />Minnesota Pass Quadrangle Topo- <br />graphic Maps. The current permit <br />area encompasses approximately <br />17,154.9 acres. <br />This Technical Revision is to revise <br />the revegetation success criteria <br />and standards for the West Elk <br />Mine based on the results of multi- <br />year sampling and analysis of the <br />Historic Records study area at the <br />mine and USFS and CDOW direc -. <br />tion.: This technical revision will <br />not result in any surface disturbing <br />activities nor increase in coal pro- <br />duction above currently permitted <br />levels. - <br />Copies of the technical revision ap- <br />plication are available for review at <br />the - Colorado Division of Reclama- <br />tion, Mining, and Safety (CDRMS) <br />office, Centennial Building, 1313 <br />Sherman Street, Room 215, - <br />Denver, Colorado, 80203, phone <br />(303) 866 -3567, and the Gunnison <br />County Plsnnirig' Office, 221 N. <br />Wisconsin, Suite D, Gunnison, CO <br />81230. Comments or objections <br />concerning the revision application <br />should be directed to the CDRMS, <br />at the above address not later than <br />10 days after the date of publica- <br />tion of this notice in order to be <br />considered. <br />Published in the Delta County <br />Independent July 27, 2011. <br />