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Legal Notices for 2/6/13, page 1


 

 NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0454

In accordance with KRS 350.055, notice is hereby given that Blue Gem, Inc. 1009 Lark St. suite 1A, Johnson City, TN. 37604 has applied for a permit for a surface coal mining and reclamation operation located in the Mountain Ash Community in Whitley County. The proposed operation will add 33.75 acres of surface disturbance and will underlie an additional 47.3 acres making a total area of 81.05 acres within the permit boundary. 

The proposed operation is located approximately 0.6 miles east from 25w’s junction with Mountain Ash  Road and located 0.63miles east of the Clear Creek. The latitude is 36° 39’ 16.07” and the Longitude is 84° 07’ 19.37”.

The proposed operation is located on the Williamsburg/Saxton U.S.G.S. 7 1/2 minute topographical quadrangle maps. The operation will use the surface contour method as well as auger methods of surface mining. The surface and underground area is owned by Don Jones.  

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

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

 

Public Notice of Blasting Schedule

Alden Resources LLC, 322 W. Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701, telephone number: (606) 523-9760, shall conduct blasting operations on its 123.2 acre surface mine permit, located approximately three (3) miles north of the community of Nevisdale, Kentucky, in Whitley County, Kentucky. The proposed operation is approximately two and half (2.5) miles north of Rock Springs Road intersection with Kentucky Highway 904. The proposed operation is further described as being located 0.1 mile south east of Rocks Spring Road intersection with Hamlin Hollow Road.

The latitude is 36-42-46N; the longitude is: 84-01-23W.  The surface area on which blasting operations will be conducted is owned by Michael Powers, Ernie McCullah, Terry Lowe, Doris Fay Fletcher, Jeff Fear and Tim Fear.  Blasting Operations will begin February, 2013.    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 February, 2013 until February, 2014.

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.  The warning signals are described in 805 KAR 4:125 Section 1(1), Table U-1, Attachment 24.5, and as follows: WARNING SIGNAL: A (1) minute series of long blasts (5) minutes prior to the blast signal.  BLAST SIGNAL: A series of short blasts (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 15-19687.  The Kentucky DNR Permit Number is 918-0413.

 

NOTICE:

Please take notice that the City of Williamsburg, Williamsburg, Whitley County, Kentucky provides the following statement pursuant to KRS 424.220 and KRS 91 A.4046. The City of Williamsburg has completed its annual audit and copies are on file with the City of Williamsburg. For those individuals who wish to view said audit, a copy may be viewed at City Hall, 423 Main Street, Williamsburg, KY.

 

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, Jail and LGEA funds, in the amount of $ 316,473.00 and increasing/decreasing expenditures in the General, Jail and LGEA funds in the amount of $316,473.00 will be held on 02/19/13 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

 

PUBLIC HEARING

Cumberland Valley District residents will have the opportunity to express their views regarding services for the elderly which are proposed for funding during 2012-2013. Participation is sought from the following elderly groups: minority, rural, low income and disabled. Caregivers of elderly and disabled individuals and grandparents raising grandchildren are encouraged to attend. The Area Plan for Services will be presented and reviewed on Thursday, February 14, 2013 at 12:00 at the Cumberland Valley ADD office at 342 Old Whitley Road in London. This public hearing is sponsored by the Cumberland Valley Area Agency on Aging, the agency responsible for the planning and development of services for the elderly within the Cumberland Valley District. For more information, please contact Karen Carter, Area Agency on Aging Director, Cumberland Valley Development District, P.O. Box 1740, London, KY 40743-1740 or (606) 864-7391.

 

PUBLIC NOTICE

The regular meetings for the Budget/Solid Waste, Road and EM Committee meetings has been changed to the Second Wednesday of each month beginning at 1:00 PM for the RD and EM Committee’s and the 2:00 PM for the Budget/Solid Waste Committee’s in the Fiscal Court Room located on the second floor of the courthouse. These meetings are open to the public.

 

PUBLIC NOTICE

An Ordinance relating to the re-financing of the Old Post Office Building and Whitley County Detention Center was passed 1/15/13. 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:

Timothy Joe Sears has been appointed executor for the estate of Tracy Lee Sullivan Sears (deceased), Jeffery Tipton, PO Box 1284, Corbin, KY 40702, is attorney for said estate; Alice Pennington Crawford has been appointed executrix for the estate of William Harold Pennington (deceased), David Hoskins, PO Box 1185, Corbin, KY 40702 is attorney for said estate; Kenneth W. Hinkle and Donald W. Hinkle were appointed co-administrators, January 29, 2013 over the estate of Herbert Hinkle (deceased), Larry Conley, 714 South Main St., Corbin, KY 40701 and Ronald Bowling, PO Box 373, Corbin, KY 40702, are attorneys for estate; Charles D. Jones, 3109 Champions Lane, Knoxville, TN 37931 was appointed executrix over the estate of Edith Virginia Jones, deceased; Willena Faye Canada, 145 Francie Canada Road, Williamsburg, KY 40769 has been appointed as administratrix over the estate of Oscar Gerald Canada, deceased; John A. Jeffries, 419 North 11th Street, Williamsburg, KY 40769 has been appointed as executor over the estate of Arthur Jeffries, Jr., deceased; Freddie Lee Cox, 214 Debbie Lane, Corbin, KY 40701 has been appointed as executor over the estate of Bonnie Marie Cox, deceased; Donnia L. Mays, 1202 Hwy. 1809, Barbourville, KY 40906 has been appointed as executor over the estate of Ruth Wilson Mays, deceased.

All persons having claims against the said estates are requested 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 January, 2013.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS

WHITLEY COUNTY, WILLIAMSBURG, KY 40769

 

NOTICE:

Peggy Clark has filed the final settlement for the estate of Lonnie W. Clark; Judy Schneider has filed the final settlement for the estate of Chelcie Mills Hensley.

Exceptions, if any, must be filed prior to March 4, 2013.

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

Given under my hand this 31st day of January 2013.

GARY W. BARTON, WHITLEY CIRCUIT DISTRICT COURTS

WILLIAMSBURG, KY 40769

 

 

 

 

Date of Publication: February 6, 2013

PUBLIC NOTICE - REQUEST FOR PROPOSALS

PROGRAM IMPLEMENTATION SERVICES RELATING TO THE HBEER PROJECT

COMMUNITY DEVELOPMENT BLOCK GRANT

Whitley County is seeking proposals for technical assistance and program implementation services relating to a CDBG project. Minimum requirements include previous experience preparing and managing a CDBG Program. A proposal packet is available from Amber Owens, Whitley County Courthouse, Post Office Box 237, Williamsburg, Kentucky 40769 containing:

(1) minimum requirements for experience

(2) proposed scope of services to be provided

(3) selection criteria for awarding a contract.

Attention is particularly called to the requirements as to conditions of employment to be observed under the contract, Section 3, Segregated Facility, Section 109, Title VI, EO 11246, and EO 11375.  Small, local, minority, and female firms are particularly encouraged to participate.

All interested persons and firms should contact Amber Owens, Whitley County Courthouse, Post Office Box 237, Williamsburg, Kentucky 40769, at the above address.  For the hearing and speech impaired, please contact the Kentucky Relay Service (Text Telephone – TTY) Call 1-800-648-6056 and an “interpreter” will connect the caller with the requested person.

Proposals must be received at the above address on or before 3:00 pm, Friday, February 15, 2013.  Whitley County reserves the right to reject any and all proposals.

“Equal Opportunity Employer”

 

Public Hearing Notice

To all interested citizens of Whitley County, Kentucky:

The Department for Local Government is accepting application material under the 2012 Community Development Block Grant (CDBG) Program. The Whitley County Fiscal Court intends to apply to the Recovery Kentucky Program for funding for operational costs for the Independence House Project. The Whitley County Fiscal Court will hold a public hearing prior to the submission of the application. The public hearing will be held on Tuesday, February 19, 2013, at 2:00 p.m., at the Fiscal Court Room at the Whitley County Courthouse in Williamsburg, Kentucky. The purpose of this hearing is to obtain views on housing and community development needs, review proposed activities, review the proposed application, and solicit public comments. Technical assistance is available to help groups representing low and moderate-income persons in developing proposals.

The following information concerning the CDBG program is available for public inspection at the Whitley County Judge/Executive’s office during regular business hours:

A. Amount of funds available and range of activities that may be undertaken.

B. Estimated amounts of funds proposed to be used for activities benefiting persons of low and moderate income.

C. Plans for minimizing displacement of persons as a result of activities associated with CDBG funds and plans for providing assistance to those persons to be actually displaced as a result of CDBG-funded activities.

D. Records regarding the past use of CDBG funds.

E. A summary of other important program requirements.

Comments on Application

A copy of the CDBG application material will be on file at the Whitley County Judge/Executive’s office for citizens’ review and comment during regular business hours from February 6, 2013, through February 19, 2013. Comments on the proposed application may be submitted to the attention of Pat White Jr., County Judge/Executive, PO Box 237, Williamsburg, KY, 40769, until the close of business on February 19, 2013.

Discrimination Clause

The Whitley County Fiscal Court does not discriminate on the basis of race, color, national origin, sex, age, religion or disability, and provides, upon request, reasonable accommodation, including auxiliary aids and services, to afford an individual with a disability an equal opportunity to participate in all services, programs and activities. Any persons requiring special needs assistance should contact Pat White Jr. at 606-549-6000 at least five days prior to the meeting. The TDD number for the hearing impaired is 1-800-648-6057 or the TYY number is 711.

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT - DIVISION II - CIVIL ACTION NO. 12-CI-131

FORCHT BANK, NA, SUCCESSOR IN INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF VS. TAMMY DEATON, single; JAMOS FUND 1, LP; CAPITAL ONE BANK (USA), N.A., F/K/A CAPITAL ONE BANK; 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 August 20, 2012, and a subsequent Order entered December 17, 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, February 18, 2013, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the Defendant, Tammy Deaton, plus costs, is as follows:

(1) Pursuant to Count I -the sum in the amount of $5,992.78, as of July 30, 2012, plus interest at the rate of 8.99% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

(2) Pursuant to Count II - the sum in the amount of $7,181.98, as of July 30, 2012, plus interest at the rate of 9.5% per annum until the date of judgment and thereafter at the maximum judgment rate until paid.

The property to be sold is as follows: Located in Whitley County, Kentucky:

PROPERTY ADDRESS:   00 Shiner Valley Estates, Williamsburg, KY 40769

A certain tract or parcel of land lying in Whitley County, Kentucky and being Lots 1 and 2 of Shiner Valley Estates subdivision as shown on Map Book 4, Page 363, Slide 509, Whitley County Court Clerk’s Office, to which plat reference is made for a more complete description of the property conveyed herein.

The property conveyed herein is subject to the Declaration of Protective Covenants and Restrictions for Shiner Valley Estates recorded in Miscellaneous Book 136, Page 422, Whitley County Court Clerk’s Office.

Being the same property conveyed to Tammy Deaton by deed from Homer Bart Davis, Jr. and his wife, Loretta Davis, dated June 12, 2006, recorded in Deed Book 469, Page 757 of the Whitley County Court 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, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down with the balance in thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser for a sum equal to or less than its judgment granted against the Defendants, then, and in that event, they shall only be required to pay costs and expenses of the sale and 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 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 if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.

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

a. Easements, restrictions and stipulations of record;

b. Assessments for public improvements levied against the following real estate;

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

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

Dated this 29th day of January, 2013.

HOWARD O. MANN, MASTER COMMISSIONER, WHITLEY CIRCUIT COURT

P. O. BOX 1344, CORBIN, KY 40702; PHONE: 606-528-0616

 

COMMONWEALTH OF KENTUCKY

34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT - DIVISION I - CIVIL ACTION NO. 11-CI-374

TAX EASE LIEN SERVICING, LLC, PLAINTIFF VS.NATHAN BRAY and UNKNOWN SPOU