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Delta County <br />independent <br />401 Meeker St. <br />P.O. Box 809 <br />Delta, CO 81416 <br />AFFIDAVIT OF PUBLICATION <br />STATE OF COLORADO <br />COUNTY OF DELTA Iss. <br />I, Randal Sunderland, do solemnly swear that I am managing <br />editor of the Delta County Independent, that the same is a weekly <br />newspaper printed, in whole or in part, and published in the County <br />of Delta, State of Colorado, continuously and uninterruptedly in <br />said County of Delta for a period of more than fifty-two consecu- <br />tive weeks prior to the first publication of the annexed legal notice <br />or advertisement; that said newspaper has been admitted to the <br />United States mails as second-class matter under the provisions <br />of the Act of March 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 regular 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 said notice was in <br />the issue of said newspaper dated September 23rd, A.D., 2009, <br />and that the last publication of said notice was in the issue of <br />said newspaper dated September 23rd, A.D., 2009. <br />In witness whereof I have hereunto set my hand this <br />23rd day of September, A.D., 2009. <br />/Vl ? i M /1lL[ ? <br />F 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 23rd day of September <br />A.D., 2009. <br />Notary Public <br />RECD#VEn <br />SEP 2009 <br />Mining `'`I7ation, <br />and Satety <br />4 NOTICE OF PROPOSED <br />DECISION <br />The Colorado' Division' of <br />Reclamation, Mining and Safety pro- <br />poses to Approve Technical Revision <br />Applidation No. 118 (TR-118) for the <br />West Elk Mane (Permit, NO. C-1980- <br />0074, submitted by Mountain Coal <br />Company, LLC. The operator propos- <br />es to constructs coal wash plant and, <br />coal handling equipment within -the' <br />main facilities area of the mine. This <br />new construction will be on previ' <br />ously disturbed privately-owned land. <br />The West Elk Mineis an undergrourid <br />coal mine located, in Gunnison <br />County, approximately 9 miles ea6J, <br />of Paonia, Colorado: Coal interest <br />is Federal and private, and the sur- <br />face affected is Federal and private <br />land. The permit area encompasses <br />approximately 17,154.90 acres. <br />This.proposed. decision is based on <br />l a finding that the proposed operatio. <br />will comply with all requirements of <br />the Colorado Surface Coal Mining <br />'Reclamation Act, Section 34-33-101 <br />at seq., CAS., and the regulations <br />f promulgated thereunder. <br />Copies of the proposed decision, <br />including stipulations, are on file for <br />public inspection at the Colorado <br />Division of Reclamation, Mining <br />and Safety, Room 215, Centennial <br />Building, 1313 Sherman Street, <br />Denver, Colorado 90203. Persons, <br />with an interest that may be adverse- <br />ly affected by the'proposed decision <br />may request a.formal hearing before <br />the Mined Land Reclamation Board <br />.on the proposed decision= Such <br />request must be made within ten <br />(10j days of the initial publication of <br />this notice, mustbe in writing, and. <br />must state with reasonable specificity <br />the reasons for the request and the <br />objections to the proposed decisioni.• <br />Published 'in:-tKe Delta County <br />Independent September 23, 2009. <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416