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STATE OF COLORADO <br />COUNTY OF DELTA ss. <br />amelAi <br />DELTA COUNTY <br />INDEPENDENT <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 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 ilie State of Colorado: that the annexed legal <br />notice or advertisinent 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 22nd, A.D.. 2012, <br />and that the last publication of said notice was in the issue of <br />said newspaper dated August 29th, A.D., 2012. <br />In witness whereof I have hereunto set my hand this 29th day of <br />August. A.D., 2012. <br />General manager of said Delta County Independent <br />Subscribed and sworn betore me. a Notary Public in and for the <br />County of Delta, State of Colorado, this 29th day of August, A.D., <br />2012. <br />My commission expires 12/24/2013 <br />900 Cypress Wood Lane <br />Delta. CO 81416 <br />RECEIVED <br />SEP 0 4 2012 <br />Division of Reclamation, <br />Mining & Safety <br />NOTICE OF PROPOSED DECISION <br />The Colorado Division of Reclama- <br />tion, Mining and Safety has issued <br />a proposed decision to Approve <br />Bond Release Application No. 3 <br />(SL -3) for the West Elk Mine, Per- <br />mit No. C- 1980 -007. The mine is <br />operated by Mountain Coal Com- <br />pany, LLC under the provisions of <br />the Colorado Surface Coal Mining <br />Reclamation Act of 1979. The bond <br />release application was submitted <br />by Mountain Coal Company, LLC <br />on May 16, 2011. The Division is <br />proposing a partial Phase I Bond <br />Release for the methane drainage <br />wells, well pads and access roads <br />listed in Table 1 of the SL -03 ap- <br />plication. The partial Phase I Bond <br />Release will release the West Elk <br />Mine from the liability associ- <br />ated with the backfilling and rough <br />grading and drainage reestablish- <br />ment for these areas. The release <br />area encompasses a total of 47.65 <br />acres. The Division proposes to re- <br />lease $ for the SL -03 ar- <br />eas. The affected area is located in <br />Gunnison County, approximately 9 <br />miles east of Paonia, Colorado. <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 <br />of the Gunnison County Clerk and <br />Recorder. <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 (30) 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 August 22 and 29, <br />2012. <br />C�I- I --60 3- <br />