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PUBLIC NOTICE
<br />DELTA COUNTY'
<br />(MCC), PO. Box 591, Mountain Coal Company, LLC
<br />Somerset,
<br />CO 81434,(970)929 -5015, has filed
<br />D S
<br />P E
<br />N
<br />a Phase II Bond Release Request
<br />N
<br />N
<br />D E T
<br />Application to MCC's Mining and
<br />Reclamation Permit No. C-80 -007,
<br />with the Colorado Mined Land
<br />Reclamation Board (Board), under
<br />the provisions of the Colorado Sur-
<br />face Coal Mining Reclamation Act
<br />401 Meeker St.
<br />of 1979. The permit was originally
<br />P.O. Box 809
<br />issued by the Board in July 1981,
<br />and subsequently renewed in
<br />Delta CO 81416
<br />August 1986, January 1993 (effec-
<br />tive August 1991), July 1996, July
<br />2001, and. April 2007 (effective July
<br />2006.) The current five -year per-
<br />AFFIDAVIT OF PUBLICATION
<br />mit term expires July 31, 2011 and
<br />is in the process of renewal. The
<br />State of Colorado holds a surety
<br />reclamation bond in the amount
<br />Of $15,000,000.00 for the mine that
<br />exceeds the current reclamation
<br />STATE OF COLORADO
<br />liability. The West Elk Mine five -
<br />year permit area contains lands in
<br />Sections 9 -11, 13 -36, T13S, R90W,
<br />sS
<br />6th PM; and Sections 23 -26, T13S,
<br />COUNTY OF DELTA
<br />R91W, 8th PM, and Sections 1.5 ,
<br />8 -12, T14S, R90W, 6th PM in Delta
<br />and Gunnison Counties. The loca-
<br />I, Randal Sunderland, do solemnly swear that I am publisher of
<br />tion of the lands can be found on
<br />the USGS 7.5 minute Somerset and
<br />the Delta County Independent, that the sane is a weekly news_
<br />Minnesota Pass Quadrangle Topo-
<br />paper printed. in whole or in part, and published in the County
<br />graphic Maps. The current permit
<br />area encompasses approximately
<br />of Delta, State Of Colorado, continuously and uninterruptedly in
<br />17 ,154.9 acres.
<br />said County of Delta for a period of more than fifty -two consecu-
<br />MCC is requesting Phase II Bond
<br />Release for reclaimed methane
<br />tive weeks prior to the first publication of the annexed legal notice
<br />drainage wells, the Thermal Evbnt
<br />or advertisement; that said newspaper has been admitted to the
<br />area, Lone Pine area, and roads in
<br />the Dry Fork of Minnesota Creek
<br />United States Inails as second-class matter tinder the pI-ovisions
<br />and West Flatiron Areas. This area
<br />of the Act of March 3, 1879, and all amendments thereof, and that
<br />covers approximately 67.6 acres of
<br />Private and National Forest System
<br />said newspaper is a weekly newspaper duly qualified for publish-
<br />lands specifically located within
<br />ins legal notices and advertisements within the meaning of the laws
<br />portions of Sections 14, 15; 22, 23,
<br />26, 27, 34; 35 and 36; Township 13
<br />of the State of Colorado; that the annexed legal notice or advertis-
<br />South Range 90 West, and Sec -
<br />ment was published in the regular and entire issue four con-
<br />bons 1 and 2, Township South,
<br />Range 90 West. These drill sites
<br />dr
<br />secutive insertions; that the first publication of said notice was in
<br />and roads were necessary for coal
<br />the issue of said newspaper dated October 19th, A.D., 2011
<br />exploration and methane drainage
<br />over the past fifteen years. MCC is
<br />and that the last publication of said Ilotice was in the issue of
<br />requesting a release of reclama-
<br />said newspaper dated Nov. 9th, A.D., 2011.
<br />tion bond liability of an additional
<br />twenty-five percent ($400,000.00)
<br />above the amount calculated un-
<br />In witness whereof I have hereunto set. my hand this 9th day of Nov.,
<br />der the initial Phase I release, for
<br />A. 2011.
<br />a total release of 85% of the ap-
<br />plicable bond amount posted. for
<br />those sites, 69 allowed by Colorado
<br />statute and Rule 3.03. This amount
<br />will be verified by the State of Col-
<br />Q w�j � ' ,^
<br />SL
<br />orado. The reclaimed areas have
<br />r � l�'
<br />met the applicable vegetation bond
<br />General manager of said Delta County Independent
<br />release criteria for Phase II bond
<br />release and MCC has provided a
<br />demonstration that surface runoff
<br />Subscribed and sworn before me, a Notary Public in and for
<br />from the reclaimed areas does not
<br />the County of Delta, State of Colorado this 9th day Of Nov., A -D.,
<br />contribute sediment levels above
<br />that of adjacent native undisturbed
<br />2011.
<br />areas.
<br />Reclamation of the various drill
<br />site locations and roads within
<br />MCC's permit were completed be-
<br />fp R_
<br />tween1996and2007.Thisincluded
<br />proper plugging and abandonment
<br />Notary Public
<br />of drill holes, as well as backfilling
<br />and regrading of drill pad locations
<br />and roads, and replacement of sal -
<br />My commission expires 12/24/2013 $0s
<br />vaged topsoil. The well sites and
<br />••,,,, ® +.,
<br />900 Cypress W ood Dane ,, l J `°
<br />roads proposed for bond release
<br />have been revegetated using vari-
<br />C
<br />Dena, CO 81416 k',�P- , �°• °°
<br />��� •`
<br />ous methods of seeding,
<br />s , fertilizing,
<br />. •
<br />•
<br />�=
<br />and mulching, including the instal.
<br />lation
<br />.` 1A R
<br />` 0 1' !i
<br />of straw and erosion control
<br />matting.
<br />Acopy of the Phase Il Bond Release
<br />< e
<br />application is available for review
<br />• � i L��J
<br />at the Colorado Division of Recla-
<br />mation, Mining and Safety, 1313
<br />_a
<br />_lJ
<br />Sherman Street, Room 215 Denver,
<br />•oV
<br />'•. r^ � � J�a
<br />CO 80203, phone (303) 866 -3567,
<br />°
<br />and the Gunnison County Planning
<br />Office,
<br />OF GC) a
<br />®•••••••enearoa
<br />221 N. Wisconsin, Suite D,
<br />®agap`4aj
<br />Gunnison, CO 81230. Comments
<br />or objections concerning the ap-
<br />plication should be directed to the
<br />CDRMS at the above address not
<br />later than 30 days after the first
<br />date of publication of this notice
<br />(published 4 times consecutively)
<br />In order to be considered.
<br />Published in the Delta County
<br />Independent October 19: 26
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