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4 <br />STATE OF COLORADO <br />COUNTY OF DELTA <br />Notary Public <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 -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 Sept. 7th, A.D., 2011, and <br />that the last publication of said notice was in the issue of <br />said newspaper dated Sept. 7th, A.D., 2011. <br />In witness whereof I have hereunto set my hand this <br />7th day of Sept., A.D., 2011. <br />General manager of said Delta County Independent <br />. Subscribed __a.nd_swsrn — before - -me a- Notary—Public—in—and - for - -- <br />the County of Delta, State of Colorado, this 7th day of Sept. A.D., <br />2011. <br />My commission expires 12/24/2013 <br />900 Cypress Wood Lane <br />Delta, CO 81416 <br />SEP 2011 <br />cg t<eciamaton <br />Mining itild Se:* <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. 71 (TR -711 for the <br />Elk Creek Mine (Permit No. C -1981- <br />0221, submitted by Oxbow Mining, <br />LLC. Oxbow Mining, LLC is propos- <br />ing to modify many of the GVB well <br />sites, pad locations and roads asso- <br />ciated with Panel 17, 18 and 19. <br />The Elk 'Mine is a under- <br />ground coal mine located in Delta <br />County,. approximately 0 miles <br />north of Somerset, Colorado. Coal <br />interest is Federal and private, and <br />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 <br />on a finding that the proposed <br />operation will comply with all re- <br />quirerhents 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 1101 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 September 7, 2011. <br />