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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 Oct. 5th, A.D., 2011, and <br />that the last publication of said notice was in the issue of <br />said newspaper dated Oct. 5th, A.D., 2011. <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 />In witness whereof I have hereunto set my hand this <br />5th day of Oct., A.D., 2011. <br />44./ <br />General manager of said Delta County Independent <br />Subscribed and sworn before me, a Notary Public in and for <br />the County of Delta, State of Colorado, this 5th day of Oct. A.D., <br />2011. <br />My commission expires 12/24/2013 <br />900 Cypress Wood Lane <br />Delta, CO 81416 <br />REGENED <br />OCT 1 12011 <br />Division of Koclamationt <br />Mining and Safety <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. 127 (TR -127) for <br />the West Elk Mine (Permit No. C- <br />1988-007), submitted by Mountain . <br />Coal Company, LLC. The, operator <br />proposes to revise the design of <br />the Refuse Pile Expansion ,Bagt.to. <br />'• include - leaving colluvium in-place- <br />underneath the pile and change the <br />I underdrain design. The proposed <br />changes will occur on private land <br />and will result in no additional dis- <br />turbance. <br />The West Elk Mine is an 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 />I 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 />quiremntts of the Colorado Sur - <br />face coal Mining Reclamation Act, <br />Sr,:tion 34 -33 -101, et seq., C.R.S., <br />,1 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 in writing; and - musT'state- — 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 October 5, 2011. <br />