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INDEPENDENT
<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 Aug. 24th, A.D., 2011, and
<br />that the last publication of said notice was in the issue of
<br />said newspaper dated Aug. 24th, A.D., 2011.
<br />In witness whereof I have hereunto set my hand this
<br />24th day of Aug., 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 24th day of Aug. A.D.,
<br />2011.
<br />Notary Public
<br />My commission expires 12/24/2013
<br />900 Cypress Wood Lane
<br />Delta, CO 81416
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<br />NOTICE OF PROPOSED DECISION
<br />The Colorado Division of Reclama-
<br />tion, Mining and Safety proposes
<br />to Approve Technical Revision
<br />Application No. 125 (TR -125) for
<br />the West Elk Mine (Permit No. C-
<br />1980 -007), submitted by Mountain
<br />Coal Company, LLC. The opera-
<br />tor proposes to insert in the mine
<br />permit application specific values
<br />for the revegetation success crite-
<br />ria of cover, species diversity, and
<br />production. The operator also pro-
<br />poses to eliminate from the revege-
<br />tation success criteria in the permit
<br />application a standard for woody
<br />plant density.
<br />The West Elk Mine is a under-
<br />ground coal mine located in Gun-
<br />nison County, approximately 9
<br />miles east of Paonia, Colorado.
<br />Coal interest is Federal and private,
<br />and the surface affected is Fed-
<br />eral and private land. The permit
<br />area encompasses approximately
<br />17,154.90 acres.
<br />This proposed decision is based
<br />on a finding that the proposed
<br />operation will comply with all re-
<br />quirements of the Colorado Sur-
<br />face Coal_Mining Reclamation Act,
<br />Section ,34 -33 -101, et seq.,, C.R.S ,
<br />and the •regulations promulgated
<br />thereunder.
<br />Copies of the proposed decision,
<br />including stipulations, are on file
<br />for public inspection at the Colo-
<br />rado Division of Reclamation, Min-
<br />ing and Safety, Room 215, Centen-
<br />nial Building, 1313 Sherman Street,
<br />Denver, Colorado 80203. Persons
<br />with an interest that may be ad-
<br />versely affected by the proposed
<br />decision may request a formal
<br />hearing before the Mined Land
<br />Reclamation Board on the pro-
<br />posed decision. Such request must
<br />be made within ten (10) days of the
<br />initial publication of this notice,
<br />must be in writing, and must state
<br />with reasonable specificity the rea-
<br />sons for the request and the objec-
<br />tions to the proposed decision.
<br />Published in the Delta County
<br />Independent August 24, 2011.
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