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PROOF OF PUBLICATION <br />STATE OF COLORADO <br />COUNTY OF LAS ANIMAS } SS <br />Kathleen Lenzotti, of lawful age, being first duly <br />swom upon oath, deposes and says that she is <br />the authorized agent of The Chronicle-News, <br />daily newspaper of general circulation which is <br />published and circulated in the City of <br />Trinidad, Las Animas County, Colorado, that <br />said newspaper is a newspaper of general <br />circulation complying with all of the requirements <br />of Articles I to VII, Chapter 130, 1935, <br />Colorado Statutes Annotated, and all other <br />laws of said State, and that said newspaper has <br />been so published for the period of time <br />prescribed in said newspaper proper and not a <br />supplement, the first publication of which was <br />mad on the~~ day of <br />~AfC41 , 2007, and <br />published thereafter on <br />thereof was in the issue <br />ina Riva <br />v°°°`S~1NA gt~~i~o <br />;;~ ~pTAgY $ a <br />Somrnissiorl~'it@if~S on .~rlv 1~, 2010. <br />p(/BL1G t <br />oo~~' ~ O O,~e~e <br />~~AAat o a a®eee <br /> <br />MAY 21 2001 <br />Division of Reclamation, <br />Mining and Safety <br />The Division of Reclamation, Mining and Safety (DBMS) hereby issues <br />a proposed decision to increase the bond for the Basin Resources, Inc., <br />Golden Eagle Mine, Permit Number C-1981-013. Based upon the gen- <br />eral requirements of C.R.S: 34-33-113 and Rule 3.02, antl censistent <br />with the requiremerns of CFR 817.121 (c)(5). Basin Resoumes, Inc. <br />must post additional bond to ensure faitMul performance of all require- <br />ments of the Colorado Surface Coal Mining Reclamation Act (Act). Com- <br />pensation for subsitlence damage is a requiremem of the Act antl must <br />now be bondetl. <br />Pursuant b Rule 3.02.2(4)(b), Basln Resources, Inc. is hereby notified <br />that atldNOnal bond must be posted for the subsitlence damage com- <br />pensation amoum specified in the Las Animas Couray District Coud <br />Case Number 01CV26, as upheltl by the Colorado Court of Appeals <br />Case Number 3CA07500. Specifically, additional bond In the amount of <br />$522,000.00, for a total bontl of $828,694.00, must be submittetl to the <br />DRMS in accaptaDle form no~later than May 18, 2007. <br />Pursuant to Rule 3.02.2(4)(c), this proposed decislon Is subject to an op- <br />portunity for a formal hearing as specified at Rule 2.07.4(3). Specifically, <br />any person wkh an interest which may be adversely affected by this pro- <br />posed decision may request a hearing before the Mined Lantl RecfDma- <br />fion Board regarding this proposed decision. Such request must be sub- <br />miffed to DRMS within 30 days of the first newspaper publicafion of this <br />proposed decision, the request must be in writing, and the request, must <br />state with reasonable specificity the reason(s) for the requestetl headng <br />antl the objection(s) to this proposetl decision. <br />Any such request for hearing must be sent to, and timely receivetl by: <br />The Division of Reclamation, Mining antl Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Subscribed and swom to before me this <br />~`7 day of ~~ , <br />A.D., 2007. <br />