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PROOF OF PUBLICATION <br />STATE OF COLORADO <br />COUNTY OF LAS ANIMAS} SS <br />Aileen Hood, of lawful age, being first duly <br />sworn upon oath, deposes and says that she is <br />the authorized agent of The Chronicle-News, <br />daily newspaper of general circulation which is <br />published and circulated in the City of <br />Trinidad, Las Animas County, Colorado, that <br />said newspaper is a newspaper of general <br />circulation complying with all of the requirements <br />of ?rticles I to VII, Chapter 130, 1935, <br />Colorado Statutes Annotated, and all other <br />laws of said State, and that said legal / notice <br />has been so published for the period of time <br />prescribed in said newspaper proper and not a <br />surplement, the fi t publication of which was <br />made on the day of <br />, 2009, and <br />pu' lis ed thereafter on <br />NOTICE OF PROPOSED DECISION <br />The Colorado Division of Reclamation, Mining and Safety proposes to <br />Approve Technical Revision Application No. 51 (TR-51) for the New Elk <br />Mine (Permit No. C-1981-012), submitted by 'New Elk Coal Company, <br />LLC The operator is proposing to excavate a small area over the West <br />Portal Rope Slope to repair the slope entry. The excavation is tempo ry <br />and will be reclaimed immediately after repairs are completed. <br />The New Elk Mine is a underground coal mine located in Las Anim1 s <br />County, approximately 25 miles west of Trinidad, Colorado. Coal inter l <br />is State and private, and the surface affected is State and private land. <br />The permit area encompasses approximately 1,598.00 acres. <br />This proposed decision is based on a finding that the proposed opera- <br />tion will comply with all requirements of the Colorado Surface Coal Min- <br />ing Reclamation Act, Section 34-33-101, et seq., C.R.S., and the regula- <br />tions promulgated thereunder. <br />Copies of the proposed decision, including stipulations, are on file for <br />public inspection at the Colorado Division of Reclamation, Mining and <br />Safety, Room 215, Centennial Building, 1313 Sherman Street, Denver, <br />Colorado 80203. Persons with an interest that may be adversely af- <br />fected by the proposed decision may request a formal hearing before <br />the Mined Land Reclamation Board on the proposed decision. Such re- <br />quest must be made within ten (10) days of the initial publication of this <br />notice, must be in writing, and must state with reasonable specificity the <br />reasons for the request and the objections to the proposed decision. <br />Published September 24, 2009 <br />and final publica 'on thereof was in the issue <br />dated ee day of <br />.2009. <br />OCT ?? 2009 <br />r?++??;,,ny a?,c ;,afety <br />Subse ibed and sworn to before me this <br />_ day of <br />A. D., 2009. / <br />i?ah G. Simpson <br />:NO:AAH G. SIMLCOLORADJO <br />NUBLIC, STATE O M commission expires on November 18, 2012 <br />