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Delta County <br />ndependent <br />401 Meeker St. <br />P.O. Box 809 <br />Delta, CO 81416 <br />AFFIDAVIT OF <br />STATE OF COLORADO <br />COUNTY OF DELTA ss. <br />L Randal Sunderland, do solemnly sweaz that I am managing <br />editor of the Delta County Independent; that the same is a weekly <br />newspaper printed, to whole or in part. and published in the County <br />of Delta, Stale of Colorado, continuousty and uninterruptedly to <br />said County of Delta for a period of more than fifty-two consecu- <br />Ove weeks prior to the first publication of the annexed legal notice <br />or advertisement; that sold newspaper has been admitted to the <br />United States malls as second-class matter under the provisions <br />of the Act of Mazch 3, 1879, and all amendments thereof, and that <br />said newspaper is a weekly newspaper duly qualified for publish- <br />ing legal notices and advertisements within the meaning of the laws <br />of the State of Colorado; that the annexed legal notice or adver- <br />tisement was published in the regulaz and entire issue of every <br />number of said weekly newspaper for the period of one con- <br />secutive insertion; that the first publication of sold notice was in <br />the issue of said newspaper dated July 12th. A.D., 2006, and <br />that the last publication of said notice was in the issue oC <br />said newspaper dated July 12th, A.D., 2006. <br />[n w[tness whereof I have hereunto set my hand this <br />12th day of July, A.D., 2006. <br />/\n n ~X \~[~~I4~/.t ~CAiYI~ <br />General manager of said <br />Delta County Independent. <br />Subscribed and sworn before me, a Notary <br />Public in and for the County of Delta. <br />State of Colorado, this 12th day of July A.D., <br />2006. <br />i ~ ( <br />Notary Public <br />~~~~~~~® <br />JUG. 1 9 2006 <br />Division of Minerals S GeWogy <br />' NOTICE QF PRDPOSED <br />DECISION ' <br />' il» Cdo+atlo Division of Minerals <br />end Gaolpgy is announcing the <br />. Withtlrewei of Technical ReWSion <br />' Applicetion~ Na 1D4 (TR-104) for the <br />West Elk Mine (ParmR No. G1g$0. , <br />og77, submMetl by Mountain Coal`, <br />Company, -LLC. The appliciim batl ' <br />ProPOSetl W constmat a ventilation <br />shaft, an smerg¢ncy esppe shflfl, a <br />-construcdon patl. anq a small ecCess <br />rose. <br />The Weat Elk Mina la en ungergrguntl <br />coal mlrl¢ IoPatetl in+ Gunnison <br />Counry~ approximately 9 m(teseast <br />pf Paonie, Cdoredo. Coal Interest . <br />i5 Fetleml and private, anq the our- <br />face afiectedtis Federal and pnvflre <br />lantl. The permit ama enwmpesges <br />approximately 15,637,80 scree. <br />This proposed dec5ipn Is based pn <br />a.Nntlin9 that the Preposatl operation <br />will comply with all requiremertia of <br />trya Colorado 'Sudacg Coal Mining <br />Reclamafioh Act, Sefton 3433-701„ <br />ei seq.. C.R,S., antl the regulations <br />promulgatay thereuntler. <br />Copies of jhe prapoe¢d decision, <br />brcefuding sifpuletfons. are on 111e for <br />public inspection at the Coloratlo <br />Diviaron o1 Minerals aria Geology, <br />Room 215, Canlennial Building. 1313 ' <br />'Sherman Saeey Durex Coloratlo <br />00203, Persons wiN en interest Mat ' <br />may be adv¢reely atlectetl by the <br />proposed decision may request a <br />banal hearing before fhe Minod <br />7-antl Reclarhafion Board nn the pro- <br />posed decison, Such request must <br />ba made within ten {10} gays of Me . <br />initial FuWipeCron of this notirn, must <br />be N writing, arxl must state wRh I <br />readonattte.speciiiclty th¢re~sons (or <br />4ux request artd the opjedtkxxs to the I <br />proposed tlecision. <br />Published in the ~IIa County <br />Ingependant July 12. 2006. <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416 <br />