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Delta County ,ndeendent 401 Meeker St. P.O. Box 809 Delta, CO 81416 AFFIDAVIT OF PUBLICATION STATE OF COLORADO _COUNTY OF DELTA ss_ _ _ _ - I, Randal Sunderland, do solemnly swear that I am managing editor of the Delta County Independent; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Delta. State of Colorado, continuously and uninterruptedly in said County of Delta for a period of more than fifty-two consecu- tive weeks prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, and all amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publish- ing legal notices and advertisements within the meaning of the laws of the State of Colorado: that the annexed legal notice or adver- tisement was published in the regular and entire issue of every number of said weekly newspaper for the period of one con- secutive insertion; that the first publication of said notice was in the issue of said newspaper dated June 8th, A.D„ 2005, and that the last publicatio^ of said notice was in the issue of said newspaper dated June 8th, A.D., 2005. In witness whereof 1 have hereunto set my hand this 8th day of June. A,D., 2005. General manager of said Delta County Independent. Subscribed and sworn before me, a Notary `~~"~ _Public in and for the County of Delta, ~`~\`:_State of= Colorado, this 8th day of June A.D., 2005. .: ~~ .. x. ,. // -'n ''o "I4ty,cummission expires 12/17/2005 900 Cypress Wood bane, Delta, CO 81416 EF~'EIVED JI~iV 10 2005 Dimstotl of ~4uneiels and Geology NOTICE OF PROPOSED DECISION The Colorado Division of Minerals .end Geology proposes to Approve Technical Revision Application No. 39 (TR-39)for the Bowie No, 2 Mine (Permit No. G1996-083), submit- ted by Bowie Resources, LLC. In Technical Revision No. 39 Bowie - Resources,- ttC~ is-proposing-to revise [he permk application in order to bring the maps and text up to date ' with what is in the field. The updates ' are generalry located in the Pond C area and Ne B-Seam portal bench area. Tha updated documentation involves several tlkches and culveds, tworoads, two topsoil stockpiles and the Pontl C water treatment facility. Tha Bowie No. 2 Mine is an under- ground coal mine located in Delta County, approximaiely 5 miles northeast of Paonia, Coloratlc. Coal interest is Federal and private, and the sudace affected is Fetlerel end private land. The permk area encom- passes approximately 5,124.60 acres. This proposed decision is based an a finding Nat the proposed operation will comply wiN ell requiremerHS of the Colorado Surface Coal Mining Reclamation Ac[, Section 3433-101, M seq., C.R.S., and Ne regulations promulgated Nereuntlec •Copies of the proposed decision, including stipulations, ere on file for public inspection et [he Coloratlb Division of Minerals and Geology, Room 215, Centennial Building, 1313 Sherman Street, Denver, Colorado 80203. Persons with an interest that may be etlversely affected by Ne proposed decision may request a formal hefldng before the Mined Lend Reclamation Board on the pro- - __ . _ -1 posed tlerlaion. Such r~~~asl must be made within [an (10) days of Ne inRial publication of Nis notice, must Ee in wdtirg, arM must state with reasonable specificity [he reasons for the request end the obleclions to [he proposed decision. Published in the Delta County Independent June B, 2005.