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DELTA COUNTY <br />INDEPENDENT <br />STATE OF COLORADO 1 <br />COUNTY OF DELTA <br />ss. <br />401 Meeker St. <br />P.O. Box 809 <br />Delta, CO 81416 <br />AFFIDAVIT OF PUBLICATION <br />1, Randal Sunderland. do solemnly swear that I am publisiicr of the <br />Delta County Independent: that the salve 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 Della <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 mails 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 August 8th. A.D., 2012, <br />and that the last publication of said notice was in the issue of <br />said newspaper dated August 151h, A.D., 2012. <br />In witness whereof I have hereunto set Ivy hand this 15th day oI <br />August, A.D.. 2012. <br />General manager of said Delta County Independent <br />Subscribed and sworn before nre. a Notary Public in and for the <br />County of Delta, State of Colorado, this 151h day of Aug ust, A.D., <br />2012. <br />ajAA-4-A A <br />Notary Public <br />My commission expires 12/24/2013 <br />900 Cypress Wood Lane <br />Delta, CO 81416 <br />RECEIVED <br />AUG [U ?01j <br />Division or r' eclamation, <br />Mining and Safety <br />NOTICE OF PROPOSED DECISION <br />The Colorado Division of Reclama- <br />tion, Mining and Safety proposes <br />to Approve Permit Revision Appli- <br />cation No. 6, submitted by Oxbow <br />Mining, LLC for a coal mining per- <br />mit at the Elk Creek Mine (Permit <br />No. C- 1981 -022). Oxbow Mining, <br />LLC proposes to expand the Per- <br />mit Area for the Elk Creek mine by <br />2,247 acres. This PR provides for <br />the lease modification and an ad- <br />ditional new Federal Coal lease. <br />No new surface disturbance ispro- <br />posed at this time. <br />The Elk Creek Mine is located in <br />Delta, Gunnison County, approxi- <br />mately 0 miles North of Somer- <br />set, Colorado. The Underground <br />operation has an anticipated <br />maximum production capacity of <br />3,000,000 tons per year. Coal inter- <br />est is Federal and private, and the <br />surface to be affected is Federal, <br />state and private land. The permit <br />area encompasses approximately <br />15,676.51 acres. <br />This proposed decision is based <br />on a finding that the proposed <br />operation will comply with all re- <br />quirements of the Colorado Sur- <br />face Coal Mining Reclamation Act, <br />Section 34 -33 -101, et seq., C.R.S., <br />and the regulations promulgated <br />thereunder. <br />Copies of the proposed decision, <br />including any stipulations, are on <br />file for public inspection at the <br />Colorado Division of Reclamation, <br />Mining and Safety, Room 215, Cen- <br />tennial Building, 1313 Sherman <br />Street, Denver, Colorado 80203 <br />and at the Delta County Clerk and <br />Recorder, 501 Palmer Street, Room <br />211, Delta, CO 81416. Persons with <br />an interest that may be adversely <br />affected by the proposed decision <br />may request a formal hearing be- <br />fore the Mined Land Reclamation <br />Board on the proposed decision. <br />Such request must be made within <br />thirty (30) days of the initial pub- <br />lication of this notice, must be in <br />writing, and must state with rea- <br />sonable specificity the reasons for <br />the request and the objections to <br />the proposed decision. <br />Published in the Delta County <br />Independent August 8 and 15, <br />2012. - <br />