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PROOF OF PUBLICATION <br />STATE OF COLORADO <br />COUNTY OF LAS ANIMAS} SS <br />Tammie L. Parker, of lawful age, being first duly <br />sworn upon oath, deposes and says that she is <br />the authorized agent of The Chronicle -News, <br />daily newspaper of general circulation which is <br />published and circulated in the City of <br />Trinidad, Las Animas County, Colorado, that <br />said _ newspaper is a newspaper of general <br />circulation complying with all of the requirements <br />of Articles Ito VII, Chapter 130, 1935, <br />Colorado Statutes Annotated, and all other <br />laws of said State, and that said legal / notice <br />has been so published for the period of time <br />prescribed in said newspaper proper and not a <br />supplement. <br />The attached Notice was published in said <br />newspaper in its issue(s) dated <br />00039391 <br />Tammie L. Parker <br />Subscribed and sworn to before me this <br />9 day of &1iviyiibt1 <br />A. D., 2011. <br />Allyson . Sheumaker <br />November 4, 2011 <br />My commission expires on August 26, 2015 <br />ALLYSON L SHEUMAKER <br />NOTARY PUBLIC, STATE OF COLORADO <br />My Comm. Expires August 26, 2015 <br />NOTICE OF PROPOSED DECISION <br />The Colorado Division of Reclamation, Mining l and Safety <br />proposes to Approve Technical RevisionApp <br />59 (TR -59) for the New Elk Mine (Permit No. <br />C- 1981 -012), submitted to by New Elk ll Coal permit Company, 0 LLC. <br />The applicant proposes 6.0 it area a <br />acres; to enlarge the disturbed area by acres; <br />extend the RDA Conveyor with fixed and portable <br />sections and with radial stackers; to utilize and ultimately <br />reclaim <br />reclamation plan and reclamation cost estimae. <br />c <br />The New Elk Mine is a underground 5 m ne located in <br />Las Animas County, app <br />Trinidad, Colorado. Coal interest is State and private, and <br />the surface affected is State and private land. The permit <br />area encompasses approximately 4,198.90 acres. <br />This proposed decision is based on with a that the of <br />proposed operation will comply <br />Act, <br />the Colorado Surface Coal Mining .S Reclamation <br />the regulations <br />34 -33 -101, et seq., <br />promulgated thereunder. <br />Coies a e file for public <br />inspection decision, stipulations, <br />at the Colorado vision of <br />Reclamation, Mining and Safety, Room 215, Centennial <br />Building, 1313 Sherman Street, Denver, Colorado 80203. <br />Persons with an interest that may be adversely affected <br />by the proposed decision may request a formal hearing <br />before the Mined Land Reclamation Board on the <br />proposed decision. Such request must be made within ten <br />(10) days of the initial publication of this notice, must be <br />in writing, and must state with reasonable specificity the <br />reasons for the request and the objections to the <br />proposed decision. <br />PUBLISH: NOVEMBER 4, 2011 <br />39391 <br />