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AFFIDAVIT OF PUBLICATION <br />FORUM NEWSPAPER, INC <br />STATE OF COLORADO) <br />) ss. <br />Country of Montrose ) <br />I, Susan Culver do solemnly swear that I am <br />Secretary of Forum Newspapers, Inc.; that <br />the same is a weekly newspaper printed, in whole or, <br />in part, and published in the County of Montrose,- <br />State of Colorado, and has a general circulation <br />therein; that said newspaper has been published <br />continuously and. uninterrupted in said County of Montrose <br />for a period of more than fifty-two weeks prior <br />to the first publication of the annexed legal notice or <br />advertisement; that said newspaper has been admitted <br />to the United States mails as second-class matter <br />under the provisions of the Act of March 3, 1879, or <br />any amendments thereof, and that said newspaper is <br />a weekly newspaper duly qualified for publishing <br />legal notices and advertisements within the meaning <br />of the laws of the State of Colorado. <br />That the annexed legal notice or advertisement was <br />published in the regular and entire issue of every number of <br />said weekly newspaper for the period of ( consecutive <br />insertions; and that the first publication of said notice was in the <br />issue of the newspaper dated N1_ \I 5 A.D., 20O_, and <br />that the last publication of said notice was in the issue of said <br />newspaper dated A.D., 20()x <br />In witness.whereof I have hereunto set my hand <br />--thT s --c lay o 20 6 . <br />Subscribed and sworn to before me, a Notary Public <br />in and for the County of Montrose, State of Colorado <br />this !- lay of A.D., 20 d <br />(Notary Public <br />My Commision Expires 7 B 6 <br />C-laar o? <br />RECEIVED <br />JUN 0 2008 <br />Division of I-wc)amation, <br />Mining and Safety <br />Legal Publication <br />Sediment Ponds <br />The Colorado Division of Reclamation, Mining and <br />Safety roposes to Approve Technical Revison Application <br />No. 56 (TR-56) for the New Horizon Mine (Permit No. <br />- -C-1 cts--L'61?r - <br />LLC. This technical revision' proposes to incorporate <br />the As-Built'information and certifications for Sediment <br />Ponds 011 and 013. <br />The New Horizon Mine is a surfacb coal mine located <br />in Montrose County, approximately 1 mile northwest of <br />Nucla, Colorado. Coal interest is Private, and the surface <br />affected is Private land. The permit area encompasses <br />approximately 925.70 acres. - <br />This proposed decision is based on a finding that the <br />proposed operation will comply with allrequirements <br />of the Colorado Surface Coal Mining Reclamation Act, <br />Section 34-33-101, et seq., C.R.S., and the regulations <br />promulgated thereunder. <br />Copies of the proposed decision, including stipula- <br />tions, are on file for public inspection at the Colorado <br />Division of Reclamation, Mining and Safety, Room <br />215, Centennial Building, 1313 Sherman Street, Denver, <br />Colorado 80103. Persons with an interest that may be <br />adversely affected by the proposed decision may request <br />a formal hearing before the Mined Land Reclamation <br />Board on the proposed decision. Such request must be <br />made within ten (10) days of the initial publication of this <br />notice, must be in writing, and must state with reasonable <br />specificity the reasons for the request and the objections <br />to the proposed decision. <br />Published in the San Miguel Basin Forum newspaper <br />May 15,2008. _- --- _L - _