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PROOF OF PUBLICATION <br />STATE OF COLORADO <br />COUNTY OF LAS ANIMAS} SS <br />Rhonda J. Trujillo, 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 Articles 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 />supplement. <br />The attached Notice was published in said <br />newspaper in its issue(s) dated <br />00036066 May 26, 2011 <br />1 4 '3 <br />e <br />6 Sd _ <br />------ <br />----------- <br />Rhonda J. Truj i o <br />?c <br />yyLL yyy ? `?,?31? <br />NOTICE OF PROPOSED DECISION <br />The Colorado Division of Reclamation, Mining and Safety <br />proposes to Approve Technical Revision Application No. <br />56 (TA-56) for the New Elk Mine (Permit No. <br />C-1981-012), submitted by New Elk Coal Company, LLC. <br />This revision proposes an increase to the permit <br />boundary of 22.5 acres within the DOW owned surface <br />and coal. It also proposes development only mining in the <br />Allen seam north of the existing portals and development <br />and retreat mining in the Apache seam south of the exist- <br />ing portal. <br />The New Elk Mine is a underground coal mine located in <br />Las Animas County, approximately 25 miles west of <br />Trinidad, Colorado. Coal interest is State and private, and <br />the surface affected is State and private land. The permit <br />area encompasses approximately 1631.00 acres. <br />This proposed decision is based on a finding that the <br />proposed operation will comply with all requirements of <br />the Colorado Surface Coal Mining Reclamation Act, <br />Section 34-33-101, at seq., C.R.S., and the regulations <br />promulgated thereunder. <br />Copies of the proposed decision, including stipulations, <br />are on file for public inspection at the Colorado Division of <br />Reclamation, Mining and Safety, Room 215, Centennial <br />Building, 1313 Sherman Street, Denver, Colorado 80203. <br />Persons with an interest that may be adversely affected <br />by the proposed decision may request a formal hearing <br />before the Mined Land Reclamation Board on the <br />proposed decision. Such request must be made within ten <br />(10) days of the initial publication of this notice, must be in <br />writing, and must state with reasonable specificity the <br />reasons for the request and the objections to the <br />proposed decision. <br />Published: May 26, 2011 36066 <br />Subscribed and sworn to before me this <br />t day of <br />A. D., 2011. <br />Michelle Goodall ?--? <br />My commission expires on June 4, 2013 <br />Pv IOHELLE GOOCJ6?R. L <br />NOTARtY PUBLIC <br />STATE OF COLO?i?=?DC° .' <br />MY COMMISSION EXPIRE ,141M 11