Legal Notices for 9/23/15

 NOTICE OF BOND RELEASE        

In accordance with the provisions of KRS 350.093, notice is hereby given that G & S Coal, Inc., 11016 Highway 92 East, Williamsburg, KY 40769, has applied for a Phase II and III bond release of Permit No. 918-0380, Increment #11, which was last issued on 1-30-2008.  This application covers an area of 39.08 acres of surface area and located 2.8 miles southeast of Nevisdale in Whitley County.

The permit area is located in at the head of Rose Creek approximately 2.1 mile north-northeast of Patterson Creek Road’s junction Rose Creek Road.  The latitude is 36° 39’ 22”.  The longitude is 84° 02’ 28”.

The KY Bonding Pool now in effect is $45,600.00, of which 100 percent is requested to be included in this phase of bond release.

Reclamation work performed includes: As of November 1, 2010, the mine site has been backfilled and graded, and seeded and mulched according to the revegetation plan. The mine site is revegetated.  

Written comments, objections, and requests for a public hearing must be submitted to the Cabinet at:  Director, Division of Mine Reclamation and Enforcement, #2 Hudson Hollow, Frankfort, KY  40601, by November 6, 2015.

A public hearing has been scheduled for 9:00 a.m. on November 9, 2015, at the Middlesboro Regional Office, 1804 E. Cumberland Ave., Middlesboro, KY  40965.  This hearing will be canceled if the Cabinet does not receive a request in writing for the public hearing by November 6, 2015

NOTICE:

A copy of the complete audit report, including financial statements and supplemental information, is on file at the Whitley County Clerk’s office and is available for public inspection during normal business hours. Any citizen may obtain from the Whitley County Clerk a copy of the complete audit report, including financial statements and supplemental information, for his personal use. Citizens requesting a personal copy of the audit report that they will be charged for duplication costs at a rate that shall not exceed $0.25 per page. Copies of the financial statement prepared in accordance with KRS 424.220 are available to the public at no cost at the Whitley County Clerk’s office, 200 Main St., W’Burg, Ky.

SPECIAL MASTER COMMISSIONER’S SALE

IN ORDER TO COMPLY WITH THE ORDERS OF THE WHITLEY CIRCUIT COURT, BRANDON W. BAIRD, SPECIAL MASTER COMMISSIONER WILL SELL THE PROPERTY DESCRIBED IN THE FOLLOWING ACTIONS ON FRIDAY, SEPTEMBER 25, 2015 AT OR ABOUT THE HOUR OF 3:00 P.M., AT OR NEAR THE FRONT DOOR OF THE WHITLEY COUNTY JUDICIAL CENTER, WHITLEY COUNTY, KENTUCKY.

SALE NO. 1 

Tax Ease Lien Servicing, LLC, Plaintiff v. Ronnie Messer; Edna Messer; Murphy Oil USA; and others, Defendants, Whitley Circuit Court Civil Action 13-CI-274,Division II to raise the principal amount of $544.01 plus interest, charges and costs. Said property information is as follows: PVA Parcel /MapID#: 138-00-00-001.02 a/k/a: 720 SF Spur Serv. Station & Lot at Main St.: More specifically described as follows: Beginning at a point in the center of the south barrel of a double concrete culvert located along the east right of way of Kentucky State Road No. 26 at its intersection with Bacon Creek; thence leaving the east right of way of Kentucky State Road No. 26, S. 71 degrees 24 minutes 00 seconds E., with Bacon Creek, 236.78 feet to a point in the west right of way of the CSX Railroad; thence leaving the lines of Bacon creek, S. 13 degrees 30 minutes 00 seconds E., with the west right of way of the CSX Railroad, 189.58 feet; thence leaving the west right of way of the CSX Railroad, S. 76 degrees 30 minutes 00 seconds W., 200.58 feet to the point in the east right of way of Kentucky State Road No. 26; thence 13 degrees 30 minutes 00 seconds W., with the east right of way of Kentucky State Road No. 26, 315.00 feet to the BEGINNING CORNER, containing 1.1608 acres Being the same property conveyed to Ronnie Messer and Edna Messer from Charles Pennington and Norma Pennington, by deed dated August 19, 1992, of record in Deed Book 357 at Page 523- 525, office of the Whitley County Court Clerk. Terms: Cash or its equivalent at time of sale or 10% of the purchaser price and produce good surety, balance to be paid within 30 days with interest. Plaintiff’s Attorney: R. Eric Craig, Weber & rose, PSC, P.O. Box 3287 Louisville, KY 40201. Phone (502) 589-220.

IN ORDER TO ENSURE ACCEPTANCE OF SURETY, EACH BIDDER ANTICIPATING USING CREDIT IS ENCOURAGED TO SEEK PRE-APPROVAL BY THE MASTER COMMISSIONER OF SUCH SURETY AT LEAST ONE DAY IN ADVANCE OF THE SALE OR OBTAIN AND FURNISH THE MASTER COMMISSIONER A LETTER OF CREDIT FROM A REPUTABLE AND SOLVENT LENDING INSTITUTION. SAID BOND SHALL BE FOR THE UNPAID PURCHASE PRICE AND BEAR INTEREST AT THE RATE OF TWELVE PERCENT (12%) PER ANNUM FROM THE DATE OF SALE UNTIL PAID. (B) RISK OF LOSS OF IMPROVEMENTS IS IMMEDIATE AND PASSES TO THE PURCHASER AT THE CONCLUSION OF THE SALE AND SHALL BE ON THE PURCHASER FROM DATE OF SALE. (C) 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. (D) THE PROPERTY SHALL OTHERWISE BE SOLD FREE AND CLEAR OF ANY RIGHT, TITLE AND INTEREST OF ALL PARTIES TO THE ACTION AND OF THEIR LIENS AND ENCUMBRANCES THEREON, EXCEPTING EASEMENTS AND RESTRICTIONS OF RECORD IN THE MCCREARY COUNTY COURT CLERK’S OFFICE AND SUCH RIGHT OF REDEMPTION AS MAY EXIST IN FAVOR OF THE UNITED STATES OF AMERICA OR THE DEFENDANT(S).

BRANDON BAIRD, SPECIAL MASTER COMMISSIONER

P.O. Box 97, WHITLEY CITY, KY; Phone: (606) 376-4529; Fax: (606) 376-1860     

NOTICE OF BLASTING SCHEDULE

APPLICATION NO. 918-0472

In accordance with the provisions of 405 KAR 16:120, Section 3, Alden Resources, LLC, 332 W. Cumberland Gap Pkwy. Corbin, KY 40701, phone No. (606) 523-9760, proposes the following blasting schedule. The blasting site consists of approximately 163 acres located 0.6 miles east of Rockholds in Whitley County at latitude 36° 50’20” and longitude 84’0521”. The area lies north and northwest of the intersection of Colonel Hollow County Road and State Route 26 and the intersection of the Imperial Hollow stream and State Route 511. Detonations of explosives are proposed to occur from sunrise to sunset and from Monday through Saturday for the period beginning, September 2015 through, September 2016 .

Entry to the blasting area will be regulated by signs and barriers. An authorized company representative will prohibit access to the blasting area by unauthorized persons at least ten minutes prior to each detonation. The warning signal shall consist of three long blasts on a siren five minutes prior to the detonation. The blast warning signal will consist of three short blasts on the siren one minute prior to detonation. The all clear signal shall consist of one long blast on a siren following the inspection of the blast site. All roads leading to or near the blast site will remain closed until the all clear signal is given. The warning and all clear signals will be audible within one-half mile from the blast point. The above notice of blasting schedule will be published in the News-Journal at least ten (10) days, but not more than thirty (3 0) days before beginning blasting.

Copies of the above blasting schedule will be mailed to the regional KDSMRE office in Middlesboro, Ky., to the Whitley County Judge Executive, to all local utilities and to each resident within one-half mile of the blasting site at least 10 days prior to, but no sooner than 30 days prior to beginning.

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0476,

In accordance with KRS 350.055 notice is hereby given that Alden Resources LLC 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for a permit for a surface, auger/highwall  coal mining and reclamation operation affecting 161.39 acres located 3.9 miles southeast of Rockholds in Whitley County.

The proposed operation is approximately 0.8 miles northwest of KY 779 junction with KY 3423 and located 2.2 miles northwest of the confluence of an un-named tributary of Meadow Creek with Meadow Creek.

The proposed operation is located on the Rockholds, KY 7½ minute quadrangle map.  The operation will use a combination of contour, area and auger/highwall miner methods of surface mining.  The surface and auger/highwall mining area is owned by Donald Bunch, Loyd Jackson, Don Young, Gary McKeehan, Tommy Freeman, Thomas Neal and Michele Neal.  The operation will affect an area within 100 feet of public road (CR) Springtown Road. The operation will not involve relocation or closure of the public road.

The application has been filed for public inspection at the Department for Surface Mining and Reclamation and Enforcement’s, Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229.  Written comments, objections or requests for a permit conference must be filed with the Director, Division of Mine Permits, 2 Hudson Hollow Road, U.S. 127 South, Frankfort, Kentucky 40601.                   

PUBLIC NOTICE

An ordinance amending the Whitley County Budget for Fiscal Year 2015-2016, to include unanticipated receipts increasing/decreasing from the Road Fund in the amount of $58,472.00 and increasing/decreasing expenditures from the Road Fund in the amount of $58,472.00 was passed on 09/15/15. A copy of the Emergency Ordinance with full text is available for public inspection at the Office of the County Judge Executive during normal business hours.

Pat White, Jr., County Judge executive

PUBLIC NOTICE:

Pursuant to 405 KAR 8:010, Section 16(5), the following is a summary of permitting decisions made by the Department for Natural Resources, Division of Mine Permits with respect to applications to conduct surface coal mining and reclamation operations in Whitley County. INVESTMENT ENERGY LLC, 9180462, 8/12/2015.

NOTICE OF PUBLIC HEARING

The Public Service Commission of Kentucky issued an order on August 14, 2015, scheduling a hearing to be held on October 7, 2015, at 1:00 p.m., Eastern Daylight Time, in Hearing Room 1 of the Commission’s offices located at 211 Sower Boulevard in Frankfort, Kentucky, for the purpose of cross-examining witnesses in Case No. 2015-00234, which is An Examination of the Application of the Fuel Adjustment Clause of Kentucky Utilities Company from November 1, 2014 through April 30, 2015.

This hearing will be streamed live and may be viewed on the PSC website, psc.ky.gov.

Kentucky Utilities Company,?220 West Main Street, Louisville, Kentucky 40202