PUBLIC NOTICE The Utah Division of Parks and Recreation will hold administrative administra-tive check points. These check points will be held throughout the hunts at various locations in Uintah and Daggett Counties. Published in the Vernal Express on September 21 and 28,2005. NOTICE TO CREDITORS Estate of Sammy Luck, aka Sam Luck, deceased. Probate No. 053800035. All persons having claims against the above estate are required to present them to the undersigned or to the Clerk of the Court on or before the 26th day of December, 2005, or said claims shall be forever barred. Cynthia Knifer, 550 North 500 East, Vernal, Utah 84078. Telephone 435-789-3140. Published in the Vernal Express on September 21, 28, and October 5, 2005. VERNAL CITY PUBLIC HEARING The Vernal City Council shall hold a public hearing hear-ing to consider amendments amend-ments to the development impact fees ordinances of Vernal City. Such amendments shall address exemption provisions to such fees as allowed by Utah State law. The public hearing shall be held on October 5, 2005 at 7:15 p.m. in the Vernal City Council chambers, 447 East Main, Vernal, Utah. In compliance with the Americans with Disabilities Act, individuals indi-viduals needing special accommodations during this hearing should notify Ken Bassett at 435-789-2255 at least five (5) days before the hearing. Published in the Vernal Express on September 21 and 28, 2005. NOTICE OF TRUSTEE'S SALE The following described property will be sold at public auction to the highest high-est bidder at the South Main Entrance, Uintah County Courthouse, 147 East Main, Vernal, Utah, on October 19, 2005, at 1:30 p.m. of said day, for the purpose of foreclosing foreclos-ing a trust deed originally executed on June 7, 2001 by Jeremiah Morris, as trustor, in favor of Mila, Inc., covering the following follow-ing real property purported purport-ed to be located in Uintah County at 103 West 600 North, Vernal, UT 84078 (the undersigned disclaims dis-claims liability for any error in the address), and more particularly described as: Parcel I Beginning at a point in Section 14, Township 4 South, Range 21 East, Salt Lake Base and Meridian, North 2 degrees 04' 52" West parallel to the North-South 14 Section line said Section 359.00 feet and South 87 degrees 54' 29" West parallel par-allel to the South line said Section 434.25 feet from the South 14 corner said Section; thence South 87 degrees 54' 29" West parallel par-allel to the South Section line 95.00 feet; thence North 2 degrees 04' 52" West parallel to said 14 Section line 132.50 feet; thence North 87 degrees 54' 29" East parallel to said South Section line 50.75 feet; thence North 2 degrees 04 52" West parallel to said 14 Section line 8.75 feet; thence North 87 degrees 54' 29" East parallel to said South Section line 44.25 feet; thence South 2 degrees 04' 52" East parallel par-allel to said 14 Section line 141.25 feet to point of beginning. Parcel II The East 50.75 feet of Lot 35, BASTIAN SUBDIVISION, according accord-ing to the official plat thereof on file in the office of the Recorder, Uintah County, Utah. Together with all the improvements now or hereafter erected on the property, and all easements, ease-ments, appurtenances, and fixtures now or hereafter a part of the property. The current beneficiary benefi-ciary of the 'trust deed IMI IMI IK is Mortgage Electronic Registration Systems, Inc., as nominee for Select Portfolio Servicing, Inc., its successors and assigns, and the record owner of the property as of the recording of the notice of default is Jeremiah C. Morris. The sale is subject to a bankruptcy filing, a payoff, pay-off, a reinstatement or any other condition of which the trustee is not aware that would cause the cancellation can-cellation of the sale. If any such condition exists, the sale shall be void, the successful bidder's funds returned and the trustee and current beneficiary shall not be liable to the successful bidder for any damage. Bidders must tender to the trustee a $5,000.00 deposit at the sale and the balance of the purchase pur-chase price by 12:00 noon the day following the sale. The deposit must be in the form of a cashier's check or bank official check payable to Lundberg & Associates. The balance must be in the form of a wire transfer, trans-fer, cashier's check, bank official check (credit union official checks are not accepted) or U.S. Postal money order payable pay-able to Lundberg & Associates. If wire transfer trans-fer is used, an additional $10.00 must be remitted with the purchase price. Cash payments are not accepted. A trustee's deed will be delivered to the successful bidder bid-der within three business days after receipt of the amount bid. DATED: September 16, 2005. Scott Lundberg, Trustee 3269 South Main, 100, Salt Lake City, UT 84115 (801) 263-3400 Office Hours: 8:00 a.m. -5:00 p.m. L&A Case No. 42811. TeamCRBI. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE Published in the Vernal Express on September 21, 28, and October 5, 2005. PUBLIC HEARING NOTICE The Naples City Land Use Commission will be holding a public hearing hear-ing October 4, 2005 at 7:00 p.m. to get impact form residents on a Subdivision Development and a Rezone Proposal. The proposed is to rezone a section of parcel par-cel 051290042 located at approximately 1750 east 1000 South (south side of 1000 South) from ResidentialAgriculture One to Industrial One, and to develop on the remaining section a residential resi-dential subdivision. All interested persons are encouraged to attend and give their input. Location of hearing: 1420 East 2850 South, Naples, Ut. 84078; at the Naples City Office Conference Room. Published in the Vernal Express on September 21 and 28, 2005. UNDERGROUND INJECTION CONTROL PROGRAM PUBLIC NOTICE AND OPPORTUNITY TO COMMENT Flying J, Inc., PO Drawer 130, Roosevelt, Ut. 84066. PURPOSE OF PUBLIC NOTICE: The purpose of this notice is to solicit public comment com-ment on a proposal by the Region 8 Ground Water Program office of the US Environmental Protection Agency (EPA) to issue or modify an Underground Injection Control (UIQ Permit that authorizes the underground injection of fluid via a Gass II injection injec-tion well or wells: Davis 1-33 A1E, 1980 ft FNL 2356 FWL, SENW S33, T1S, R1E UINTAH County, Ut. BACKGROUND: The well(s) is for injection of a fluid, such as water or brine produced during dur-ing conventional oil or natural gas production that may be commingled IDII IK II N with waste water from gas plants which are an integral part of production produc-tion operations unless that water is classified as a hazardous waste at the time of injection or for the enhanced recovery of oil or natural gas. PROPOSED MAJOR MODIFICATION NO. 3: Originally drilled in 1978 by Bow Valley as a Green River - Wasatch oil and gas producer, in 2002 the well was converted into a non-c ommercial water disposal injection well for the disposal of produced Green River Formation water from operator ownedoperated ownedoper-ated wells in the East Bluebell Field. On April 8, 2005, flying J submitted submit-ted a request to deepen the approved injection zone. EPA has reviewed the request and proposes Major Modification No. 3 to deepen presently approved injection zone (5408 feet to 5984 feet) to 5408 feet to 8352 feet. A lower confining unit approximately 76 feet thick underlies the injection injec-tion zone. The mechanical mechani-cal configuration of the well above the injection zone will not change. Cement isolation above the injection zone has been attained and verified by radioactive tracer and temperature surveys. The packer and tubing will be temporarily removed for deepening the injection zone, described below, then reinstalled in the same configuration as presently approved. The cement retainer and plug presently at 6190 feet will be removed, and perforations per-forations added in selected select-ed intervals between the depths of 6850 feet to 8260 feet. On July 11,2002. EPA exempted the Green River Formation from 5,500 to 5,732 feet within one half (12) mile of the Davis 1-33A1E. On June 24, 2003, the exemption was expanded in conjunction with Major Modification ' No. 2 to include the interval from 5408 feet to 5498 feet. As part of Major Modification No. 3 EPA also proposes to deepen the presently approved exempted interval inter-val in the Green River Formation to 8352 feet, which would include only deeper portions of the Green River Formation. Because the salinity of the water increases with depth, up to 18314 mg1 total dissolved solids, based on water samples .taken from lower Green River Formation wells in the area, the request does not materially change the conditions for approval of the existing Aquifer Exemption. A Draft Permit or modification modi-fication has been prepared in accordance with provisions provi-sions of the Safe Drinking Water Act (SDWA) as amended (42 USC et seq) and other lawful standards and regulations. The EPA has made a preliminary prelimi-nary determination that all underground sources of drinking water will be protected. The Permit is issued for the life of the well unless modified or terminated. This Permit or modification, modi-fication, once issued, authorizes the conversion of a non-injection well or wells to an injection well and operation as an injection well. Operation of the well(s) will be governed gov-erned by the requirements and conditions specified in the Permit or modification. modifica-tion. PUBLIC COMMENTS: The requirements and conditions of the Draft Permit or modification are tentative, and are open to comment from any interested party. Persons wishing to comment upon or object to any aspect of the proposal are invited to submit comment, IN WRITING, within 30 days of this notice to: Dan Jackson, US Environmental Protection Agency, Ground Water Program, 8P-W-GW, 999 18th Street, Suite 300, Denver, Colorado 80202-2466. 80202-2466. Telephone: 800-227-8917x6155. The Administrative record, including the application, the Draft Permit or modification and Statement of Basis prepared by the EPA, Vernal and public comments received, is available for public inspection at the above locations) weekdays week-days from 8:00 a.m. to 4:00 p.m. PUBLIC HEARING: Within the thirty (30) day period, any interested interest-ed person may request a public hearing as provided provid-ed by 40 CFR 124. 12. A request for a hearing must be made IN WRITING to the above address and must state the nature of the issues proposed to be raised at the hearing. A public hearing will be held only if significant interest is shown. FINAL PERMIT DECISION: All comments received within the thirty (30) day period will be considered in the Final decision. The decision may be to: issue, modify, deny, or revoke and reissue the Permit or modification. The Final decision shall become effective thirty (30) days after issuance unless no commenters requested changes to the Draft Permit or modification, in which case the Permit or modification shall become effective immediately imme-diately upon issuance. APPEALS: Within thirty (30) days after a Final decision has been issued, any person who filed comments on the Draft decision or who participated in a public hearing may petition the Administer to review the final decision. Any person who failed to file comments or failed to participate in the public hearing may petition for administrative review only to the extent of the changes from the Draft to the Final Permit or modification decision. Commenters are referred to 40 CFR 124.15 through 124.20 for procedural proce-dural requirements of the appeal process. Published in the Vernal Express September 28, 2005. INVITATION FOR BIDS The Artesia Volunteer -. Fire . :.,:,, Department, Dinosaur?j1 Colorado, requests submission of bids from firms interested in the following work: ARESTIA FIRE STATION EXPANSION for their facility, 301 Stegosaurus Freeway, Dinosaur, Colorado 81610. The estimated cost for this project is between $100,000.00 and $130,000.00. Specifications and Bid Documents will be available avail-able for pickup beginning begin-ning October 3, 2005 at the AFVD offices (301 Stegosaurus Freeway, Dinosaur) for a deposit of $100; or purchased at Plaza Reprographics (141 N. 3rd St., Grand Junction, CO). Any correspondence cor-respondence or questions should be directed to the Architect (Christopher Krabacher), telephone tele-phone number: (970) 243-3587, or email: ckourayyahoo.com. Bid Security shall be required as outlined in the Instructions to Bidders. A pre-bid conference will be held 10 am on Wednesday October 5, 2005 at 301 Stegosaurus Freeway, Dinosaur, Colorado 81610 starting start-ing in the Community Hall, followed by a walkthrough walk-through of the site. Sealed Bids will be received by the Architect at his office until 5pm on Wednesday October 19, 2005. The Bids will be publicly opened October 19 at 7pm at the Community Hall, Dinosaur. Any bid received thereafter will not be considered for award and will be returned to the bidder unsealed. Issuance of the Invitation for Bids does not commit the AVFD to award any contract, to pay any costs incurred in preparation of a Bid pursuant pur-suant to this request, or to procure or contract for services or supplies. The AVFD reserves the right to reject any and all Bids and to re-advertise. ARTESIA VOLUNTEER FIRE DEPARTMENT, Dinosaur, Colorado. Published in the Vernal Express on September 28,2005. Express, NOTICE TO WATER USERS The State Engineer received the following Applications) (Locations in SLB&M unless otherwise other-wise designated). For more information or to receive a copy of filings, visit http:water-rights.utah.gov http:water-rights.utah.gov or call 1-866-882-4426. Persons objecting to an application must file a CLEARLY READABLE protest stating FILING NUMBER, REASONS FOR OBJECTION, PROTESTANTS' NAME AND RETURN ADDRESS, and any request for a hearing. Protest must be filed with the State Engineer, Box 146300, Salt Lake City, UT 84114-6300 on or before OCTOBER 25, 2005. These are informal proceedings as per Rule R655-6-2 of the Division of Water Rights. (The Period of Use is generally year-round except irrigation which is generally from Apr 1 to Oct 31 each year.) UINTAH COUNTY NEW APPLICATION(S) 41-3606 (A75995): David and Dennice Mollner propose(s) using 4.45 ac-ft. from groundwater ground-water (35 miles NE of Vernal) for Irrigation; Domestic. 45-6134 (A75973): Leo C. & Patricia G. Karren propose(s) using 4.0 ac-ft. ac-ft. from the BrushCreek (3 miles North of Jensen) for Irrigation. 45-6135 (A75992): Kevin R. and Holly Winters propose(s) using 4.0 ac-ft. from groundwater ground-water (2 miles NW of Vernal) for Irrigation. Jerry D. Olds, P.E., STATE ENGINEER. Published in Vernal Express on September 28 and October 5, 2005. VERNAL CITY ORDINANCE NO. 2005-16 An ordinance amending the Vernal City Municipal Code, amending Section 16.26.120 - Parking space requirements - nondwell-ing. nondwell-ing. This ordinance adds public parks, playgrounds and open spaces to the parking space requirement require-ment making the spaces necessary at the discretion of the City Council. This ordinance will become effective September 29, 2005. Published in the Vernal Express on Septeber 28, 2005. VERNAL CITY ORDINANCE NO. 2005-20 An ordinance amending the Vernal City municipal code, Section 9.16.040 - exemptions to noise restrictions. This ordinance ordi-nance puts a time limit of no later than 12:00 midnight mid-night and no earlier than 5:30 a.m. for noise permit exemptions. This ordinance ordi-nance shall be effective Septebmer29,2005. Published in the Vernal Express on September 28, 2005. WORK SESSION FOR UINTAH COUNTY SCHOOL DISTRICT BOARD OF EDUCATION The Uintah County School District Board of Education has scheduled an Impact Aid Meeting to be held prior to the regularly scheduled board meeting on Tuesday October 11, 2005, at West Junior High School. The Impact Aid meeting meet-ing will be from 5:30 to 6:30 p.m. and is to give tribal officials and parents par-ents of Native American children an opportunity for questions, recommendations, recommen-dations, and concerns. Dated this 15th day of September, 2005. J. Randall Upton, Business Administrator. Published in the Vernal Express on September 28 and October 5, 2005. PUBLIC NOTICE MUNICIPAL PRIMARY ELECTION Notice is hereby given that a Municipal Primary Election for the City of Naples, Utah, will be held on Tuesday, October 4, 2005. The polling place for Naples 4 Precinct will be at the Naples City office, 1420 East 2850 South. The polls will open at 7:00 a.m. and con tinue until 8:00 p.m. that same day. To vote in this Municipal primary election elec-tion person must be a registered reg-istered voter residing in the municipality. Nikki W. Kay, Naples City Recorder. Published in the Vernal Express on September 28, 2005. VERNAL CITY PUBLIC HEARING The Vernal . City Planning Commission shall consider a conditional condi-tional use request from Dare and Elizabeth Cox for a privacy fence on a corner lot at 271 South 1500 West, Vernal, Utah. The property is located within a R-4 Residential zone which allows fences on comer lots as a conditional condi-tional use. The public hearing for the conditional use permit per-mit will be held October 13, 2005 at 5:30 p.m. in the Vernal City Council Chambers, 447 East Main, Vernal, Utah. In compliance with the Americans with Disabilities Act, individuals indi-viduals needing special accommodations during this hearing should notify Russ Pearson at 435-789-2255 at least five (5) days before the hearing. . Published in the Vernal Express on September 28,2005. VERNAL CITY PUBLIC HEARING A public hearing of the Vernal City Planning Commission has been scheduled for October 13, 2005 at 5:30 p.m. to consider con-sider amendments to the Vernal City General Plan Land Use Map. The public pub-lic hearing will be held in the Vernal City Council chambers, 447 East Main, Vernal, Utah. Property owners and other interested inter-ested persons are urged to attend. Later, a public hearing of the Vernal City Council will be held October 19, 2005 at 7:15 p.m. to consider con-sider the final recommendation recommen-dation of the Vernal City Planning Commission regarding the general plan amendment. The public hearing shall be held in the Vernal City Council chambers, 447 East Main, Vernal, Utah. For further information, contact Russell Pearson, Vernal City offices, 447 East Main, 435-789-2255 during regular business hours. In compliance with the Americans with Disabilities Act, individuals indi-viduals needing special accommodations during dur-ing this meeting should notify Russell Pearson, 447 East Main, Vernal, Utah at least five (5) days before the hearing at 435-789-2255. Published in the Vernal Express on September 28,2005. VERNAL CITY PUBLIC HEARING A public hearing of the Vernal City Planning Commission has been scheduled for October 13, 2005 at 5:30 p.m. to consider con-sider a request of Uintah County to rezone property proper-ty located approximately 289 East 200 South from an R-3 residential zone to an F-l Fairground Zone. The public hearing will be held in the Vernal City Council chambers, 447 East Main, Vernal, Utah. Property owners and other interested persons are urged to attend. Later, a public hearing hear-ing of the Vernal City Council will be held October 19, 2005 at 7:15 p.m. to consider the final recommendation of the vernal City Planning. Commission regarding the above rezone request. The public hearing shall be held in the Vernal city Council chambers, 447 East Main, Vernal, Utah. For further information, contact Russell Pearson, Vernal City offices, 447 East Main, 435-789-2255 during regular business hours. In compliance with the Americans with Disabilities Act, individuals indi-viduals needing special accommodations during this meeting should notify Russell Pearson, 447 East Main, Vernal, Utah at least five days before the hearing at 435-789-2255. Published in the Vernal Express on September 28,2005. Wednesday. September 28. 2005 A5 NOTICE OF TRUSTEE'S SALE The following described property will be sold at public auction to the highest bidder, payable in lawful money of the United States at the Main Entrance, Uintah County Courthouse, 920 East Highway 40, Vernal, Utah, on October 25, 2005 at 1:00 PM, for the purpose of foreclosing a Trust Deed dated March 12, 2003 executed by Justen L. Kent, as Trustor, in favor of Mortgage Electronic Registration Systems, Inc., "MERS", as Beneficiary, covering cover-ing real property located in Uintah County and described as follows: BEGINNING AT A POINT ON THE WEST SECTION LINE, SECTION 34, TOWNSHIP 4 SOUTH, RANGE 21 EAST, SALT LAKE MERIDIAN, NORTH 1371.62 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION, THENCE NORTH ALONG THE SAID WEST SECTION LINE 208.71 FEET; THENCE EAST PARALLEL TO THE SOUTH LINE SAID SECTION 208.71 FEET; THENCE SOUTH PARALLEL TO THE SAID WEST SECTION LINE 208.71 FEET; THENCE WEST PARALLEL TO THE SOUTH SECTION LINE 208.71 FEET TO THE PLACE OF BEGINNING. Together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, appurte-nances, and fixtures now or hereafter a part of the property. Tax Parcel No.: 05-104-0005 The street address of the property is purported to be 2231 South 1500 West, Vernal, UT 84078. The undersigned disclaims any liability liabil-ity for any error in the street address. The current cur-rent Beneficiary of the trust deed is Mortgage Plan to identify publ 1C A pl5h has been announced to record aiis't of roads, identified as qualifying as public roads across public lands, in each county in Utah. Lynn Stevens, Utah State Public Lands Policy Coordinator made the announcement to the Utah Association of Counties (UAC) and to the State Legislature's Natural Resources Interim Committee. The State and counties have been gathering information to identify the roads granted to them in accordance with the 1866 law referred to as RS2477. As reiterated in the recent 10th Circuit Court of Appeals decision in the case of Southern Utah Wilderness Alliance (SUWA) and the Sierra Club versus the U.S. Bureau of Land Management (BLM) and three of Utah's counties, no provision provi-sion or requirement exists in federal law to make application for, or to provide proof of, construction construc-tion of a road other than that which is governed by Utah law. Proof of the existence of a road and its continuous use by the public for 10 years or more prior to 1976 is sufficient under State law to confirm the validity of a road. Because no recorded documents or filing of construction records were required at the time that roads were created, nor were they required at the time of passing the Federal Land Policy Management Act of 1976 (FLPMA), the State and counties have decided to put their roads on the record. This will make it easier to incorporate them into the land management plans currently being developed by federal land management agencies. By recording this information, anyone who has questions about the roads can go to the county recorder's office and obtain specific legal descriptions of the roads involved. "This should satisfy criticism that insufficient information is available regarding the existence, the description and the location of county roads," said Stevens. Additionally, the State of Utah and the U.S. Bureau of Land Management are working on an agreement to be made available to each county regarding how roads across BLM-managed land will be maintained. This agreement will also standardize road numbering systems and road signage within each county. Mr. Stevens indicated that the initial recordings record-ings will start immediately and the process will continue until all qualifying roads are recorded in each county. While the validity of a few roads may still be at issue, thousands of uncontested and non-controversial roads will be identified in the county records. The effect of the recording, record-ing, combined with the maintenance agreement, should put an end to struggles and controversies over the majority of roads in the State of Utah. Case law confirms the long-held position of the State and counties that the type of funds used for road construction and records of maintenance are not required to verify the existence of a road, and that the definition of a road has not changed since 1866. "This recent ruling, consistent with other case law precedence extending back almost 140 years, should allow us to move forward quickly quick-ly in resolving the few cases where the facts may still be in dispute," says Stevens. "The 10th Circuit Court decision reaffirmed the State's and counties' position that establishment estab-lishment of the existence of a road requires no action or acceptance by the BLM. Thus the State and the counties can move forward at their own pace." stated Maloy Dodds, Garfield County Commissioner and chairman of the UAC Public Lands Steering Committee. Electronic Registration Systems, Inc., ("MERS"), solely as nominee for the lender and the record owners of the property as of the recording of this notice of default is reported report-ed to be Justen L. Kent Bidders must be prepared to tender to the trustee $5,000.00 at the sale and the balance of the purchase price by 12:00 noon the day following the sale. Both payments must be in the form of a cashier's check; cash is not acceptable. A trustee's deed will be made available avail-able to the successful bidder bid-der within three business days following receipt of the bid amount. The sale is made without any warranty war-ranty whatsoever, including includ-ing but not limited to any warranty as to title, liens, possession, taxes encumbrances, encum-brances, or condition of the property. The sale is subject to a workout reinstatement, payoff, sale cancellation or postponement, incorrect incor-rect bidding instructions, bankruptcy, or any other circumstance of which the trustee is unaware. In the event any of the foregoing fore-going apply, the sale will be void and the successful success-ful bidder's funds will be returned without any liability to the trustee or beneficiary for interest or any other damages. NOTICE IS HEREBY GIVEN THAT THIS FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated September 23, 2005. Stuart T. Matheson, Successor Trustee Matheson, Mortenson, Olsen & Jeppson, PC. 648 East First South Salt Lake City, Utah 84102 (801) 363-2244 Office Hours 8:30 am to 4:30 pm, Mon.-Fri. MMOJ File No.: 008438m ASAP724116. Published in the Vernal Express on September 28, October 5 and 12,2005. 'I