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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 I to 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 />00041226 February 23, 2012 March 15, <br />March 012012 March 08, <br />!!! X51 .r---------------------------- - -- <br />Tammie L. Parker <br />Subscribed and sworn to before me this <br />1!L day of, ^, <br />A. D., 2012. <br />A.6 U <br />Allyson L. Shcumaker <br />My commission expires on August 26, 2015 <br />PUBLIC NOTICE <br />New Elk Coal Company, LLC, 122 West First St., <br />Trinidad, CO 81082 the owner of the New Elk Mine, <br />Permit number C- 1981 -012, is filing for a permit revision <br />(PR -04) to the mining permit with the State of Colorado, <br />Division of Reclamation, Mining and Safety. For filing <br />purposes, this application was deemed complete by the <br />Division on February 22, 2013. <br />The New Elk Mine is locaied approximately 7 miles west <br />ofWeston Colorado on Slate Hwy. 12. The Jansen Yard is <br />located immediately south of the town ofJansen. The <br />mine permit boundary is located within sections 13, 14, <br />21, 22, 23, 24, 25, 26, 27, 28, 34, 35 and 36, T33S, <br />R68W and sections I and 2, T34S, R68W. The Jansen <br />Yard is located within sections 22 and 23, T33S, R64W. <br />The mine and Jansen Yard permit boundaries contain <br />4201.5 and 10.5 acres more or less respectively. These <br />sections can be located on the USGS 7.5 minute Vigil, <br />Stonewall, Tercio and Trinidad quadrangle maps. Most of <br />the proposed underground mine workings and portions <br />of the surface support facilities lie within the boundary of <br />the Bosque del Oso State Wildlife Area. A total of 209.1 <br />acres of surface disturbance from mining related activity <br />is covered by a reclamation bond in the amount of <br />$4,002,113 as of December 8, 2011. <br />This permit revision is for a 1,618.7 acre expansion of the <br />permit boundary. The east line of the permit boundary will <br />be moved approximately one mile to the east. The mine <br />permit boundary expansion lies within sections 19, 30 and <br />31, T33S, R68W and section 6, T34S, R68W. The <br />proposed permit boundary 'expansion lies within the <br />Beaubien and Miranda Land Grant. A metes and bounds <br />descriptions of the permit boundary can be found in the <br />permit revision application. This permit expansion will <br />allow panels to be developed to the east off of the Blue <br />Seam south mains. Most of the surface and coal located <br />within the permit boundary expansion is owned by the <br />State of Colorado with a small amount owned by New Elk_ <br />Coal Company. <br />Mining for 2012 -2015 is anticipated to occur in the Alien <br />seam north of the Purgatoire River and East to the permit <br />boundary. Alien seam mining will then turn south. Mining <br />is planned in the Apache seam south of the East Portals. <br />Mining in the Alien and Apache Seams will not overlap. <br />Blue Seam mining will occur south of the Purgatoire <br />River. Blue Seam mining will proceed east to the permit <br />boundary and then turn south. <br />Some of the affected area proposed by this revision will <br />be within 100 feet, measured horizontally, of the outside <br />right -of -way line of State Highway 12 between mile posts <br />42.0 and 42.5 and any public roads within the Bosque Del <br />Oso State Wildlife Area that are within the mine permit <br />boundary. <br />A public hearing, for the purpose of determining whether <br />the interests of the public and affected landowners will be <br />protected may be requested by contacting the Division of <br />Reclamation, Mining and Safety in writing within 30 days <br />after the last publication of this notice. Any such hearing <br />will be held in the locality of the mining operation. <br />A copy of the proposed revision is available for public <br />inspection at the Las Animas County courthouse. Office <br />of the County Recorder, and at the offices of the Division <br />of Reclamation, Mining and Safety, 1313 Sherman St., <br />Room 215, Denver, CO, 80203, (303) 866 -3567: Written <br />comments, objections or a request for an informal <br />conference on the proposed permit revision may be <br />submitted to and additional information obtained from the <br />Division of Reclamation, Mining and Safety, 1313 <br />Sherman St., Room 215, Denver, CO 80203, phone (303) <br />866 -3567. Written comments, objections or a request for <br />an informal conference must be received by the <br />Division of Reclamation, Mining and Safety within 30 days <br />after the final date of this publication in order to be <br />considered. <br />Publish: Feb 23, Mar 1, 8, 15, 2012 41226 <br />