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RECEIVED <br />PROOF OF PUBLICATION <br />STATE OF COLORADO <br />COiJNTY OF LAS ANIMAS } SS <br />Kathleen Lenzotti, of lawful age, being first duly <br />sworn 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 1_30, 1935,_ _ <br />Colorado Statutes Annotated, and all other <br />laws of said Slate, 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 />made on the ~ 'Ih day of <br />2005, and <br />published thereafte n <br />and final publi tion thereof was in the issue <br />dated the ~~ day of <br />c~ ~~ , 2006. <br />Sub cn and sworn to before me this <br />_~~ day of , <br />A.D., 2006. <br />~^ y~___ _ -__ - <br />Corot Swigart ~ <br />CARO< <br />D '~'(iel~'9?y <br />im~ C _ <br />4 <br />JAN 0 ~ 2006 <br />Olvision of Minerals and Genlagy <br />NOTICE OF PROPOSED DECISION TO ADJUST <br />RECLAMATION BOND AMOUNT ' <br />The Colorado Division of Minerals and Geology (Division) has <br />conducted a review of the amount of reclamation pertormance bond <br />required far the New Elk Mine (# C-81-012), operated by Picketwire <br />Processing, LLC. The mine operation is located in Las Animas <br />County, approximatey 30 miles west of Tdnidad, Colorado. Coal and <br />surtace ownership of the affected lands covered by the reclamation <br />bond is private. <br />This review was conduced pursuant to Rule 3.02.2(4). of the Regula- <br />tidns.pf.ihe gplorado Mined Lend Reclamation Board for Coat/ Mining. <br />Id`.• -I r ed March 31, 0 5, th~;~t7rvision notified Picketwire <br />- - - .--+' - i ~L-f~vthe-PmPO`sortd' ddlustrY~em`3ifd'o'Y'E1P§-`bppor-'-' ,._--- <br />tuniry for an informal conference concerning the proposed adjustment <br />pursuam to Rule 3.02.2(4)(aJ. Included with that notification was a <br />copy of me reclamation cost estmate completed by the Division. <br />Picketwire Processing, LLC, requested an informal conference. The <br />upnterence was held on May 19, 2005 at the Division's office. Picket- <br />-wire-Pracessing;~LC, preserved a- plarr "r'§vigSon to the'cost dstf% <br />mate, including, but not limited to, changes to the Refuse Disposal <br />Area (RDA) reclamation plan, approval of areas tar on-site material <br />.disposal, and approval of permanent facilities. These proposed modi- <br />fications to the reclamation cost estimate would be incorporated imo <br />the approved permit through a future Technical Revision. To date, a <br />technical revision addressing these changes has not been submitted <br />to the Division. <br />A fudher bontl reduction could be obtained through a pending Dond <br />release application (SL-02). However, at this lime, no decision on the <br />bond release application has been proposed by the Division due <br />to delays in completion of required field work. This bond release, if <br />approved, woultlreduce the required bond amount to be held by the <br />Division. <br />Presently, the Division holds Corporate Surety Bontl No. L-1200-C- <br />81-012, from Lyndon Property Insurance Company, in the amount of <br />$2,114,649.00. The Divisign's review of the amount of pertormance <br />bond required to be held included a detailed review m the cost of <br />reclamation and resul[etl in a projected total cost of reclamation of <br />$3,579,533.00, which exceetls the current amoum of bond held. The <br />new, revised reclamation cost estimate included updated equipment <br />cbsts and cast amendments. associated with material disposal and <br />shuctural demolition tasks. <br />Based on the revisetl cost of reclamation, as itemized in the <br />Division's estimate, the Division finds that the current bond amoum is <br />insufficient, and that in ortler to comply with Rule 3.02, the 'new <br />- ~ required~-bond-amoum iv be- held'Dy=tho-Division shalt ba-~5at~-at-'- <br />$3,579,533.00. <br />Copies of the proposed decision, including the Division's detailetl cost <br />estimate, are on file for public inspection at the Colorado Division of <br />Minerals and Geology, 1313 Sherman Street, Room 215, Denver, <br />Colorado, 80203. Persons with an interest [hat may be adversely af- <br />fected by the proposed decision may request a formal public hearing <br />before the Minetl Lantl Reclamation Board concerning the proposetl <br />tlecision. Such a request may be made within thirty (30) days of the <br />first publication of this notice, must be in writing, and must state with <br />reasonable specificity the reasons for the request and the objections <br />to the proposetl tlecision. <br />Published: December 29, 2005 and January 5, 2006 <br />My commissi n'~February 21, 2007. <br />