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Legal Notices for 11/7/12, page 1


 

 NOTICE OF INTENTION TO MINE

Pursuant to Application Number 861-0528

In accordance with KRS 350.055, notice is hereby given that Mountainside Coal Co., Inc.; 7692 South Hwy. 25W; Williamsburg, Kentucky 40769 has applied for a permit for a surface coal mining and reclamation operation affecting 402.8 acres located 1.7 miles northwest of the Community of Permon in Knox and Whitley Counties, Kentucky.

The proposed operation is approximately 1.6 miles northeast from HWY 1418’s junction with HWY 511 and located approximately 0.4 miles north of Cotton Creek. The Latitude is 36o48’52”N. The Longitude is 84o00’53”W.

The proposed operation is located on the Barbourville & Rockholds U.S.G.S. 7½ minute quadrangle maps. The operation will use the Contour and Auger methods of mining.

The surface area is owned by Robert Brown & Kathy Brown, Jack & Sue Clark, Tommy Gambrel, Hubert Grant & Arnold David Grant, Ray & Geneva Hill, Venda S. Hill, Anthony Hubbs, Joseph Hubbs & Christopher Hubbs, David Logan & Tim Logan, Randy D. Mackey, Norma Lene Foley & Arthur Foley, Kenneth Mackey, David & Brenda Monhollen, Ola & Julie Miller, David Rose, Jack & Sadie Smith, and Blair Farms, L.L.C.

This is the final advertisement of this application. All comments, objections or requests for a permit conference must be received within thirty (30) days of today’s date. The application has been filed for public inspection at the Department for Surface Mining 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 Permits; #2 Hudson Hollow Road, U.S. 127 South; Frankfort, Kentucky 40601.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0403, Renewal

In accordance with KRS 350.055, notice is hereby given that Nally & Hamilton Enterprises, Inc., P. O. Box 157, Bardstown, KY 40004, has applied for renewal of a permit for a surface coal mining and reclamation operation affecting 503.80 acres located 4.61 miles southwest of Kayjay in Bell, Knox and Whitley Counties. The area is approximately 3.21 miles east from Hwy 92’s junction with Hwy 904 near the Goins community.  The nearest stream is Long Fork.

The operation is located on the Frakes and Kayjay U.S.G.S. 7 1/2 minute quadrangle maps. The operation will use the area, contour strip and auger methods of surface mining. The surface area owner is Penn Virginia Resource Partners, L.P., 1 Cloverleaf Square, Suite E-3, Big Stone Gap, VA 24219.

The application has been filed for public inspection at the Division of Mine Reclamation and Enforcement’s Middlesboro Regional Office, 1804 E. Cumberland Ave., Middlesboro, KY 40741. Written comments, objections, or requests for a permit conference must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow, Frankfort, KY 40601.

 

Public Notice of Blasting Schedule

Mountainside Coal Co., Inc., 7692 South HWY. 25W, Williamsburg, Kentucky 40769, Telephone Number: (606) 786-3620, shall conduct blasting operations on its 614 acre surface mine permit, located sixteen and one-half (16.5) miles southeast of Williamsburg, Kentucky, on Kentucky Highway 92, near the community of Siler, in Whitley County, Kentucky.

The proposed operation is approximately two (2) miles northeast of Harpes Creek Road’s intersection with Kentucky Highway 92.

The latitude is 36-41-51N; the longitude is: 83-55-53W.  The surface area on which blasting operations will be conducted is owned by Corrigan TLP LLC, TKY Acquisition, LLC, and Edd B. Jones.

Blasting Operations begin November, 2011. Blasting will be conducted each day Monday through Saturday during daylight hours.  No blasting will be conducted after official sunset.  This schedule shall be in effect from November, 2012,  until November, 2013.

Any major alterations to the blasting scheduled will be published.  Unscheduled blasting may occur in emergency situations when rain, lightning or other atmospheric conditions or operator or public safety requires unscheduled detonation.  The nearby residents will be notified of the unscheduled blast by the most appropriate means and the blast shall then proceed as a regular blast.   Entry to blasting area will be regulated by signs or barriers.  An authorized company representative will prohibit access to the blasting areas by unauthorized persons at least five (5) minutes before each detonation and until the all clear signal is sounded.  WARNING SIGNAL: A one (1) minute series of long blasts five (5) minutes prior to the blast signal. BLAST SIGNAL: A series of short blasts one (1) minute prior to the detonation. ALL CLEAR SIGNAL: A prolonged blast following the inspection of the blast area. Events which could necessitate blasting at unscheduled times include, but are not limited to rain, lightning, or other atmospheric conditions, or deteriorated explosives which involve personnel, operational or public safety.    Any major alteration of this blasting schedule will be published.

This notice is published pursuant to CFR 715.19 Surface Mining and Reclamation and Enforcement Provisions and KRS 350.220 and the regulations relating thereto.  The MSHA ID Number is 15-19627.  The Kentucky DNR Permit Number is 918-0422.

 

NOTICE OF BOND RELEASE

In accordance with KRS 350.093, notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, KY 40701, has filed for a Phase I Bond Release on Increments No. 1, 2, 3, 4, 5, 6, 7, 8, and 9 of permit number 918-0445 which was last issued on April 02, 2012. The application covers an area of approximately 340.1 acres located 2.26 miles south of the junction of Gatliff Road with KY 904 near the head of Patterson Creek south of Nevisdale in Whitley County, KY. The latitude is 36°39’32”. The longitude is 84°02’37”.

The bonds now in effect are as follows:

Increment One (1) is a Surety Bond in the amount of $45,900.00. Approximately 60% of the original bond amount of $45,900.00 is included in this application for release. Increment Two (2) is a Surety Bond in the amount of $50,500.00. Approximately 60% of the original bond amount of $50,500.00 is included in this application for release.  Increment Three (3) is a Surety Bond in the amount of $39,000.00. Approximately 60% of the original bond amount of $39,000.00 is included in this application for release. Increment Four (4) is a Surety Bond in the amount of $26,400.00. Approximately 60% of the original bond amount of $26,400.00 is included in this application for release.  Increment Five (5) is a Surety Bond in the amount of $50,600.00. Approximately 60% of the original bond amount of $50,600.00 is included in this application for release.  Increment Six (6) is a Surety Bond in the amount of $17,500.00. Approximately 60% of the original bond amount of $17,500.00 is included in this application for release. Increment Seven (7) is a Surety Bond in the amount of $17,300.00. The entire original bond amount of $17,300.00 is included in this application for release. Increment Eight (8) is a Surety Bond in the amount of $56,100.00. Approximately 60% of the original bond amount of $56,100.00 is included in this application for release. Increment Nine (9) is a Surety Bond in the amount of $28,100.00. Approximately 60% of the original bond amount of $28,100.00 is included in this application for release.

Reclamation work performed includes: Backfilling, re-grading, topsoil replacement, and drainage control including soil preparation and initial seeding and mulching in accordance with the approved reclamation plan, completed September 2011.

Written comments, objections, and requests for a public hearing of informal conference must be filed with the Director, Division of Field Services, #2 Hudson Hollow, Frankfort, KY 40601, by December 28, 2012.

A public hearing on the application has been scheduled for January 2, 2013 at 10:00 am at the Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, KY 40965-1229. The hearing will be cancelled if no request for a hearing or informal conference is received by December 28, 2012.

 

PUBLIC NOTICE

Second Reading of a proposed Ordinance amending the Whitley County Budget for Fiscal Year 2012-2013, to include unanticipated receipts increasing / decreasing from the General, Road, Ambulance funds, in the

amount of $404,672.00 and increasing / decreasing expenditures in the General, Road, Jail, LGEA, Ambulance funds in the amount of $404,672.00 will be held on 11/20/12 at 6:00 PM in the Whitley County Fiscal Court Room during the Regular Meeting.  A copy of the proposed 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

 

NOTICE:

Notice is hereby given by order of the Whitley District Court, that the following appointments have been made:

Michael T. Murphy, M.D., has been appointed executor for the estate of Diana Evans Murphy (deceased), David O. Smith, PO Box 669, Corbin, KY 40702, is attorney for said estate; Betty S. Surmont has been appointed executrix for the estate of Hettie Owens (deceased) attorney Alison Emmons, 232 West Main St., Richmond, KY 40475, is attorney for said estate; Ruth Fuson has been appointed executrix for the estate of Denton M. Fuson (deceased), Wesley Tipton, PO Box 1284, Corbin KY 40702 is attorney for said estate; Sammie Butcher has been appointed executor for the estate of Sherry Pittman Butcher (deceased), Robert P. Hammons, PO Box 1388, Corbin, KY 40702, is attorney for said estate; Stephen Robinson has been appointed administrator for the estate of Alex Sandra Robinson (deceased), Marcia A. Smith, PO Box 699, Corbin, KY 40702, is attorney for said estate; Alyssa Yekin has been appointed guardian for Adien Roberts and Tyson Roberts, Bill Meader, PO Box 499, Hyden, KY 41749, is attorney for said estate; Margie McDonald has been appointed executrix for the estate of Lee Manuel Taylor (deceased), Hon. Samuel Castle, Jr., PO Box 100, Barbourville, KY 40906 is attorney for said estate; June Walters, 342 Perkins St., Woodbine, KY 40771 has been appointed executrix for the estate of Charles Walters (deceased), no attorney for said estate.

All persons having claims against the said estates are requested to present same, verified according to law to the said appointess, not later than six months from said date of appointment.

Given under my hand this 31st day of October, 2012.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS - WHITLEY COUNTY, WILLIAMSBURG, KY 40769

 

NOTICE:

Charles McKeehan has filed the final settlement for the estate of Kenneth McKeehan; Jonathan Mills and Carmella Slone have filed the final settlement for the estate of Barbara J. Mills; Betty. S. Surmont has filed the final settlement for the estate of Roy Lewis Owens; Connie Sears has filed the final settlement for the estate of Georgia Scalf.

Exceptions, if any, must be filed prior to December 3, 2012.

The hearing will be held at Whitley District Court, 805 South Main Street, Corbin, KY 40701.

Given under my hand this 31st day of October, 2012.

GARY W. BARTON, WHITLEY CIRCUIT/DISTRICT COURTS

WILLIAMSBURG, KY  40769

 

NOTICE:

Final settlement has been filed in the estate of Bruce Hudson, deceased, by Ruth Hamblin, Administratrix. A final hearing will be held December 11, 2012 at 1:00 PM at the Whitley County Judicial Center, District Courtroom located in Williamsburg, KY.

Final settlement has been filed in the estate of Roseanne Walden, deceased, by James Walden Exector. A final hearing will be held December 11, 2012 at 1:00 PM at the Whitley County Judicial Center, District Courtroom located in Williamsburg, KY.

Exceptions, if any, must be filed prior to December 11, 2012. The hearing will be held at 1:00 PM in the Whitley District Court, Williamsburg, KY.

Given under my hand this 31st day of October, 2012.

GARY W. BARTON, WHITLEY COUNTY DISTRICT AND CIRCUIT COURT

WILLIAMSBURG, KY 40769

 

NOTICE:

Una Jacobs, 154 South 10th Street, Williamsburg, KY 40769 and Teresa Grubb, 156 South 10th Street, Williamsburg, KY 40769 were appointed co-executrixes, October 23, 2012 over the estate of Helen Mobley, deceased.

Tom Davis, 19 Cane Creek Rd., Williamsburg, KY 40769 was appointed Administrator, October 3, 2012 over the estate of George Davis, Sr., deceased.

Aaron Bird, 360 Tommy Bird Rd., Williamsburg, KY 40769 was appointed executor, October 23, 2012 over the estate of Thomas Bird, deceased.

Kimberly Frost, 201 Main Street, Williamsburg, KY 40769 was appointed administratrix October 8, 2012 over the estate of Georgia Wells, deceased.

Dan Carpenter, 3243 Ashby Fork Rd., Petersburg, KY 41080 and Gary Carpenter, 5325 Madison Pk, Independence, KY 41051 were appointed co-administrators October 9, 2012 over the estate of Zonia Carpenter, deceased.

Daryl Browning, 703 E Mountain Drive, Lafollette, TN 37766 was appointed executor October 23, 2012 over the estate of Jane Browning, deceased.

Regina Paul, 250 Red Fox Rd, Williamsburg, KY 40769 was appointed administratrix October 23, 2012 over the estate of James Paul, deceased.

John Lewis III, 3525 Copper Mine Rd., Temple, GA 30179 was appointed executor October 23, 2012 over the estate of John Lewis Jr., deceased.

Kurt Gillen, 3024 Dresden St., Columbus, OH 43224 was appointed executor October 23, 2012 over the estate of Roland Gillen, deceased.

All persons having claims against the said estates are required to present same, verified according to law to the said appointees, not later than six months from said date of appointment.

Given under my hand this 31st day of October 2012.

GARY W. BARTON, WHITLEY COUNTY DISTRICT AND CIRCUIT COURT

WILLIAMSBURG, KY 40769

 

NOTICE OF PUBLIC HEARING

The Public Service Commission of Kentucky issued an order on September 20, 2012, scheduling a hearing to be held on November 27, 2012, 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 cross-examining witnesses of Kentucky Utilities Company (“KU”) and Intervenors

in Case No. 2012-00221, which is the Application of KU for an Adjustment of Its Electric Rates.

KENTUCKY UTILITIES COMPANY

220 West Main Street, Louisville, Kentucky

 

COMMONWEALTH OF KENTUCKY

34th JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

CIVIL ACTION NO. 08-CI-00988

DIVISION II

AG/GRO FERTILIZER COMPANY, INC., PLAINTIFF vs. EVERETT BARGO; MARTHA BARGO; EVERETT BARGO d/b/a BARGO & SON FARM MART; ET ALS., DEFENDANTS

NOTICE OF SPECIAL MASTER COMMISSIONER’S SALE

Pursuant to the Judgment and Order of Sale entered by the Whitley Circuit Court on April 17, 2012, and the Amended Findings of Fact, Conclusions of Law, Judgment and Order of Sale, entered by the Whitley Circuit Court on October 18, 2012,1, Brandon W. Baird, Special Master Commissioner for the Whitley Circuit Court shall offer for sale at the front door of the Whitley County Judicial Center in Williamsburg, Kentucky, at public auction on November 19, 2012, at 3:30 p.m., or thereabout, the real property described in this Notice.

The Judgment against the defendants plus costs is as follows:

1. The principal sum in the amount of $22,607.43 plus interest, advancements for the protection of the property, including taxes and insurance, attorney fees, and costs.

2. The said real property is located in Whitley County, Kentucky and are more specifically described as follows:

A certain tract of land lying and being in Whitley County, Kentucky, and described as follows:

Beginning on a white oak a corner of Croley and Lawson and in the edge of Wolf Creek Road; thence with Lawson’s line N. 85 W. 38 poles to a stone; thence with same line N. 54 W. 27 1/2 poles to a stone, a corner in the edge of the road; thence S. 22 E. 68 poles to a double sycamore on the bank of Wolf Creek; thence crossing the creek S. 54 E. 2 poles to a beech; thence N. 57 E. 4 poles to a poplar and hor beam at Sam Beams corner; thence 76-64 W. 4 poles crossing the creek to a double sycamore on the north side of the creek; thence with Sam Beams line N. 40 E. 4 poles; thence same N. 81 E. 16 poles; thence N. 83 E. 6 poles; thence N. 89 E. 12 poles to a stake at the mouth of a ditch on the bank of the creek; thence S. 27 E. 38 poles and 13 links to the state Road; thence with said road to the Wolf Creek road to a white oak the beginning corner.

Being the same property conveyed to Everett Bargo by deed from Sidney Bargo, Jr., unmarried, dated February 24, 1973, and recorded in Deed Book 243, Page(s) 463, Whitley County Clerk’s Office, containing 22 acres, more or less.

TERMS OF SALE

1. The real property is not susceptible to division without materially impairing its value or the value of Plaintiff s lien thereon, and that said real property shall be sold as whole to the highest and best bidder in satisfaction of plaintiff s debt.

2. On the date of the sale, the purchaser shall either pay cash or pay down 10% of the purchase price and produce good surety satisfactory to the Special Master Commissioner to secure the unpaid portion of the purchase price, with the bond to bear interest at a rate of 12% per annum from the date of sale until paid, but must be paid in full within sixty (60) days. In the event the Plaintiff or its representative is the purchaser, for a sum less than its Judgment, then, it shall only be required to pay the costs and expenses of the Commissioner’s Sale, and in that event, no payment shall be required and no bond shall be executed by them.

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, confirmation of the sale, and delivery of deed.

4. The property shall be sold subject to the following:

a. ad valorem property taxes for the year 2012 and all subsequent years;

b. easements, restrictions and stipulations of record;

c. assessments for public improvements levied against the following real estate, if any;

d. existing zoning ordinances, statutes, laws or regulations; and

e. Any facts which an inspection and accurate survey of the above described real estate may disclose.

5. 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.

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

7. The Special Master Commissioner, the Court, and the Plaintiff shall not be deemed to warrant title of the real estate to the successful purchaser.

Dated this 26th day of October 2012.

Plaintiff’s Attorney: Hon. Kim Frost Wilson, P.O. Box 72, Williamsburg, KY 40769.

BRANDON W.  BAIRD, SPECIAL MASTER COMMISSIONER

P.O. Box 97, Whitley City, Ky 42653

Phone: 606-376-4529; Fax:606-376-1860; Email: bairdlawoffice@gmail.com

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT

DIVISION NO. I

CIVIL ACTION NO. 12-CI-00286

Bank of America, N.A., PLAINTIFF, VS. Mary E. Chambers as Administrator of the Estate of Julia A. Barton; Mary E. Chambers as Heir to the Estate of Julia A. Barton; Robert Barton as Heir to the Estate of Julia A. Barton; Matthew Barton as Heir to the Estate of Julia A. Barton, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on September 5, 2012, I shall offer for sale at the door of the Whitley County Judicial Center, (new courthouse), 100 Main Street, Williamsburg, Kentucky, at public auction on Monday, November 19, 2012, at 12:00 p.m., or thereabout, the real property described in this Notice.

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