Legal Notices for 11/11/09

 NOTICE OF INTENTION TO MINE

Pursuant to Application No. 918-0408 Amendment No. 1

In accordance with KRS 350.070, notice is hereby given that Monties Resources, LLC, 4184 S HWY 25W Williamsburg, KY.  40769 has applied  for an amendment to an existing surface coal mining and reclamation operation located 0.1 mile south of Corn Creek in Whitley County.  This amendment will add 21.41 acres of surface disturbance and will underlie and additional 40.52 acres making total area of 190.07 acres within the amended permit boundary.  

The proposed amendment area is approximately 0.4 mile southwest of Corn Creek McNeil Hollow Road’s junction with State Route 1064 and located approximately 0.5 mile SE of Corn Creek Church.

The proposed Amendment is located on the Corbin & Rockholds U.S.G.S. 7 1/2 Minute Quadrangle Map.   The surface area to be disturbed by this amendment is owned by; Joy Likins & James Roy Fox and Monties Resources, LLC.  The  amendment will underlie land owned by Monties Resources, LLC.   The operation will use the; Contour and Auger methods of Mining.

The amendment application has been filed for public inspection at the Department for Natural Resources; Middlesboro Regional Office, 1804 E. Cumberland Ave. Middlesboro, KY 40965.  Written comments, objections, or requests for a permit conference must be filed with the Director of the Division of Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

NOTICE OF INTENTION TO MINE

Pursuant to Application 918-0420

In accordance with the provisions of KRS 350.055, notice is hereby given that Buried Sunshine Transport, Inc., P.O. Box 1006, Williamsburg, KY 40769, intends to transfer its permit number 918-0396 to Engle Hollow Mining, LLC, 3411 Cumberland Falls Highway, Corbin, KY 40701. This permit is for an auger mining operation. The permit area is located 2.5 miles east of Rockholds in Whitley County, Kentucky. The proposed permit area will disturb 22.3 surface acres and underlie 23.7 acres, for a total area within the permit boundary of 46.0 acres.

The proposed operation is located approximately 0.3 miles northeast of Tyes Ferry Road’s junction with Gail Hart Road and located 0.1 miles East of Bays Hollow.

The proposed operation is located on the Rockholds U.S.G.S. 7 1/2 minute quadrangle map. The permit surface area to be disturbed is owned by Jeff Canada and Thomas Mason, et. Al. The auger area will underlie land owned by Jeff Canada and Thomas Mason, et. Al.

The application has been filed for public inspection at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 Cumberland Ave., Middlesboro, Kentucky 40965.

Written comments, objections or requests for a permit conference must be filed with the Director of the Division of Mine Permits, #2 Hudson Hollow Complex, U.S. 127 South, Frankfort, Kentucky 40601.

This is the final advertisement of this permit application. All comments, objections or requests for a permit conference must be received within fifteen (15) days of today’s date.

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL COURT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 09-CI-00347

FIRST STATE FINANCIAL, INC., PLAINTIFF

VS.

CHARLES W. NIGHBERT and wife, SUSAN K. NIGHBERT, CITY OF WILLIAMSBURG, WILLIAMSBURG, INDEPENDENT SCHOOL DISTRICT and WHITLEY COUNTY, KENTUCKY, DEFENDANTS

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 8, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, December 7, 2009, at 12:01 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendants, Charles W. Nighbert and wife, Susan K. Nighbert, plus costs, are as follows:

(1) The sum of $283,778.59, as of May 12, 2009, plus $47.30 per day and $33,542.16 as of May 12, 2009 plus $7.92 per day, plus interest at the rate of 12% through the date of judgment and on the judgment at the maximum legal rate of 12% per annum from the date of this judgment until paid, plus court costs expended herein, plus an attorney’s fee of $1,500.00.

The property to be sold has a street address of 460 Forest Avenue, Williamsburg, Kentucky and is described more particularly as follows:

A certain tract or parcel of land lying in Whitley County, Kentucky, and being all of the same land conveyed to Charles William Nighbert and wife, Susan K. Nighbert, by deed from Robert R. Moses, et al. by deed dated October 15, 1992 and recorded in Deed Book 359, Page 541, Whitley County Court Clerk’s Office, and bounded and described as follows:

BEING all of Lot #12 of Eagle Point Subdivision as appears on plat of said subdivision of record in Plat Book No. 4, Page 157, Whitley County Clerk’s Office, to which reference is hereby made for a more particular description thereof. For further description of the property, see Deed Book 359, Page 541, Whitley County Clerk’s Office.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

2. On the date of sale, the purchaser shall either pay cash or, make a deposit of ten percent (10%) of the purchase price with credit for thirty (30) days. If the purchase price is not paid in full, the successful bidder shall be required to give bond with good surety thereon for the unpaid purchase price, said bond to bare interest at a rate of twelve (12) percent per annum from the date of sale until paid;

3. The risk of loss for the subject property shall pass to the purchaser on the date of sale. Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.

4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years. All taxes or assessments upon the property for prior years shall be paid from the sale proceeds.

5. The property shall be sold free and clear of any right, title, and interest of all parties to the action and all liens and encumbrances or deeds to the subject property filed subsequent to the recording to the Plaintiffs notice of Lis Pendens in the office of the Whitley County Clerk’s Office, except easements and restrictions of record in the Whitley County Clerk’s Office.

6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.

7. This property sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 3rd day of November, 2009.

SANDRA J. REEVES, Special Master Commissioner

Whitley Circuit Court

1015 Master St, P.O. Box 1341, Corbin, Ky 40702

telephone: 606-528-4376

BID NOTICE:

The Whitley County Health Department is accepting sealed bids on the following vehicles: 1995 Ford Bronco 4WD, 1996 Ford Bronco 4WD, 1998 Olds Bravada 4WD. The Bravada may be inspected at Quality Care Auto, 401 S 5th Street, Williamsburg, Kentucky. The Broncos may be inspected at Whitley County Health Department, 114 N 2nd Street, Williamsburg, KY. Sealed bids are due into the Williamsburg office by noon on Friday, November 20, 2009. The Whitley County Health Department has the right to reject any and all bids. For more information call Johnny McKinney at 606-549-3380 between 8:00am-2:00pm Monday-Friday. All vehicles are sold “as is”.

NOTICE OF PUBLIC HEARING 

The Public Service Commission of Kentucky will hold a hearing on December 1, 2009, at 10:00 a.m., Eastern Standard Time, in Hearing Room 1 of the Commission’s offices, located at 211 Sower Boulevard in Frankfort, Kentucky, for the purpose of public comments in Case No. 2009-00197, which is the Application of Kentucky Utilities Company for Certificates of Public Convenience and Necessity and Approval of its 2009 Compliance Plan for Recovery by Environmental Surcharge. 

Kentucky Utilities Company 

220 West Main Street 

Louisville, Kentucky 40202