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.
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