2012-10-22_REVISION - C1981022 - Laserfiche WebLink

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DELTA COUNTY INDEPENDENT 401 Meeker St. P.O. Box 809 Delta, CO 81416 AFFIDAVIT OF PUBLICATION � of ReGsa ek`1 or, STATE OF COLORADO COUNTY OF DELTA Iss. I, Randal Sunderland, do solemnly swear that I am publisher of the Delta County Independent; that the same is a weekly newspaper print- ed, in whole or in part, and published in the County of Delta, State of Colorado, continuously and uninterruptedly in said County of Delta for a period of more than fifty -two consecutive weeks prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second - class matter under the provisions of the Act of March 3, 1879, and all amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado; that the annexed legal notice or advertisment was published in the regular and entire issue two consecutive insertions; that the first publication of said notice was in the issue of said newspaper dated October 10th. A.D., 2012, and that the last publication of said notice was in the issue of said newspaper dated October 17th, A.D., 2012. In witness whereof I have hereunto set my hand this 17th day of October, A.D., 2012. General manager of said Delta County Independent Subscribed and sworn before me, a Notary Public in and for the County of Delta, State of Colorado, this 17th day of October, A.D., 2012. Aotary Public My commission expires 12/24/2013 900 Cypress Wood Lane Delta, CO 81416 P, SUNo N ' �•�pTAR� z _a �= ? jO JBL.1G C609 Q,``,. C -I q91 -0ZZ NOTICE OF PROPOSED DECISION The Colorado Division of Reclamation, Mining and Safety proposes to Approve Permit Revision Application No. 7, sub- mitted by Oxbow Mining, LLC for a coal mining permit at the Elk Creek Mine (Permit No. C -1981 -022). The PR -7 application is being submit- ted to incorporate the Elk Creek East Federal Coal Lease COC- 70615 into the permit. Originally, COC -70615 was included in the PR -6 application submitted in August of 2011. PR -6 provided for Federal Coal Lease Modification COC -61357 Tract 5 and COC- 70615. Lease Modification COC -61357 was approved first and it was unclear as to when COC -70615 would be approved. PR -6 was then modified to exclude COC -70615 so devel- opment work could begin in the approved area, COC- 61357. On May 15, 2012, Oxbow won the competitive bid for Lease COC- 70615 and PR -7 was then submit- ted to the Division to incorporate it into the permit. The Elk Creek Mine is located in Delta, Gunnison County, approxi- mately 0 miles North of Somerset, Colorado. The Underground opera- tion has an anticipated maximum production capacity of 3,000,000 tons per year. Coal interest is Federal and private, and the surface to be affected is Federal, state and private land. The permit area encompasses approximately 15,676.51 acres. This proposed decision is based on a finding that the proposed opera- tion will comply with all require- ments of the Colorado Surface Coal Mining Reclamation Act, Section 34 -33 -101, et seq., C.R.S., and the regulations promulgated thereunder. Copies of the proposed decision, including any stipulations, are on file for public inspection at the Colorado Division of Reclamation, Mining and Safety, Room 215, Centennial Building, 1313 Sherman Street, Denver, Colorado 80203 and at the Delta County Clerk and Recorder, 501 Palmer Street, Room 211, Delta, CO 81416 Persons with an interest that may be adversely affected by the proposed decision may request a formal hearing before the Mined Land Reclamation Board on the proposed decision. Such request-must be made within thirty (30) days of the initial pub- lication of this notice, must be in writing, and must state with reasonable specificity the reasons for the request and the objections to the proposed decision. Published in the Delta County Independent October 10 and 17, 2012.