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INDEPENDENT
<br />STATE OF COLORADO
<br />COUNTY OF DELTA
<br />ss.
<br />401 Meeker St.
<br />P.O. Box 809
<br />Delta, CO 81416
<br />AFFIDAVIT OF PUBLICATION
<br />I, Randal Sunderland, do solemnly swear that I am publisher of the
<br />Delta County Independent: that the same is a weekly newspaper print-
<br />ed, in whole or in part, and published in the County of Delta, State of
<br />Colorado, continuously and uninterruptedly in said County of Delta
<br />for a period of more than fifty -two consecutive weeks prior to the first
<br />publication of the annexed legal notice or advertisement; that said
<br />newspaper has been admitted to the United States nails as second -
<br />class matter under the provisions of the Act of March 3, 1879, and all
<br />amendments thereof, and that said newspaper is a weekly newspaper
<br />duly qualified for publishing legal notices and advertisements within
<br />the meaning of the laws of the State of Colorado; that the annexed legal
<br />notice or advertisment was published in the regular and entire issue two
<br />consecutive insertions; that the first publication of said notice was in
<br />the issue of said newspaper dated March 21st, A.D., 2012,
<br />and that the last publication of said notice was in the issue of
<br />said newspaper dated March 28th, A.D., 2012.
<br />In witness whereof I have hereunto set my hand this 28th day of
<br />March, A.D., 2012.
<br />General manager of said Delta County Independent
<br />Subscribed and sworn before ne, a Notary Public in and for the
<br />County of Delta, State of Colorado, this 28th day of March, A.D.,
<br />2012.
<br />Notary Public
<br />My commission expires 12/24/2013 �P SUNS
<br />900 Cypress Wood Lane ��
<br />Delta, CO 81416 ? b , OTA %. 'y i
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<br />RECEIVID
<br />APR 0 2 2012
<br />Division of Reclamation,
<br />Mining and Safety
<br />NOTICE OF PROPOSED DECISION
<br />The Colorado Division of Reclama-
<br />tion, Mining and Safety (Division)
<br />has issued a proposed decision to
<br />approve Surety Release Applica-
<br />tion No. 11SL -1) for the Elk Creek
<br />Mine, Permit No. C -1981 -022. The
<br />mine is operated by Oxbow Min-
<br />ing, LLC under the provisions of
<br />the Colorado Surface Coal Min-
<br />ing Reclamation Act of 1979. The
<br />surety release application was sub-
<br />mitted by the Division on February
<br />21, 2012. The liability adjustment
<br />is being conducted under Rule
<br />3.02.214) of the Regulations of the
<br />Colorado Mined Land Reclamation
<br />Board for Coal Mining. This liability
<br />adjustment is a result of Technical
<br />Revision 86 )TR -88) which modified
<br />the procedures for sealing gob vent
<br />boreholes not located in an aquifer.
<br />TR -66 was approved by the Division
<br />on March 12, 2010. The proposed
<br />cost adjustment would decrease
<br />the reclamation cost liability for the
<br />Elk Creek Mine from $4,812,510.39
<br />to $4,298,923.39. The affected area
<br />is located in Delta and Gunnison
<br />Counties, approximately 0 miles
<br />North of Somerset, CO.
<br />Copies of the proposed decision
<br />are available for review at the Colo-
<br />rado Division of Reclamation, Min-
<br />ing and Safety office, 1313 Sher-
<br />man Street, Room 215, Denver,
<br />Colorado 80203, and at the office of
<br />the OA.RH.Name.
<br />Any person who has an interest
<br />which is or may be adversely af-
<br />fected may request an adjudicatory
<br />hearing regarding this proposed
<br />decision. Requests for a hearing
<br />must be made in writing within
<br />thirty 130) days of the first publica-
<br />tion of this notice, and shall state
<br />with reasonable specificity the rea-
<br />sons for the request and objections
<br />to the proposed decision.
<br />Published in the Delta County
<br />Independent March 21 and 28,
<br />2012.
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