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s <br />s <br />LIDelta County <br />?del endent. <br />,p <br />401 Meeker St. <br />P.O. Box 809 <br />Delta, CO 81416 <br />AFFIDAVIT OF PUBLICATION <br />STATE OF COLORADO <br />SS. <br />COUNTY OF DELTA <br />RECEIVED <br />SEP 2 4 2008 <br />Division of "eGlarnation, <br />Mining and Safety <br />C-1996-OSs <br />7e S? <br />NOTICE OF PROPOSED <br />DECISION <br />The, Colorado i.: Division of <br />Reclamation, Mining and Safety pro- <br />poses to Approve Technical Revision <br />Applicatieri' No. , 55; (TR-55) `for the <br />Bowie No. 2 Mine (Permit No. 6-1996- ` <br />1083), submitt ed by Bowie. Resources, <br />LLC. In Technical Revision No. 55, <br />Bowie Resources;, LLC is proposing' <br />to realign; curve number tt of the. <br />paved main haul road above the B- <br />Seam portal'bench. The project will <br />fnvolve_reconstructing and reinforcing <br />the cut slope above the B-Seam por <br />tals, building two retaining wails and <br />a French drain„' rearranging atiout <br />8,000 cubic yards of,cut and fill mate- <br />vial and reconstructing and-.paving <br />curve number 11 of the haul road. All <br />the wbrk will ties on p"roperty owned' . <br />by Bowie 'Resources, LLC and no <br />increase in surface.disturbance acre- <br />age will occur, <br />' <br />I. The Bowie, No. 2 Mine is an under- ' <br />j, ground coal mine located in Delta.,.. <br />County, approximately 5 miles ' <br />northeast of Paonia, Colorado. Coal <br />interest is Federal and`pdvate, and <br />the surface affected is Federal and <br />private land: The permit area encom- <br />passes' approximately 5,304.80 <br />acres. <br />This proposed decision is based on <br />a finding that the proposed operation, <br />will comply with all requirements of <br />the Colorado Surface, Coal Mining <br />Reclamation Act,, Section 34-33-101, , <br />at seq., Q:R.S., and the regulations <br />promulgated thereunder. , <br />Copies , of the proposed , decision, <br />including, stipulations, are on file for' <br />public inspection , at the Colorado <br />Division of Reclamation; Mining' <br />and Safety, Room 215, Centennial <br />Building; 1313 Sherman Street, <br />Denver, Colorado 80203. Persons <br />with an.interest that may be adverse- <br />ly affected by the proposed decision <br />may request'A formal hearing before' <br />the Mined Land Reclamation Board . <br />one the proposed decision.. Such <br />request must be made within *ten, <br />(10) days of the initial publication of. <br />. this notice, must be in writing, 'and <br />must state with reasonable specificity <br />the reasons for the request and the <br />objections to the proposed decision. <br />Published, in the Delta County <br />Independent September. l7, .2008. . <br />I, Randal Sunderland, do solemnly swear that I am managing <br />editor of the Delta County Independent; that the same is a weekly <br />newspaper printed, in whole or in part, and published in the County <br />of Delta, State of Colorado, continuously and uninterruptedly in <br />said County of Delta for a period of more than fifty-two consecu- <br />tive weeks prior to the first publication of the annexed legal notice <br />or advertisement; that said newspaper has been admitted to the <br />United States mails as second-class matter under the provisions <br />of the Act of March 3, 1879, and all amendments thereof, and that <br />said newspaper is a weekly newspaper duly qualified for publish- <br />ing legal notices and advertisements within the meaning of the laws <br />of the State of Colorado; that the annexed legal notice or adver- <br />tisement was published in the regular and entire issue of every <br />number of said weekly newspaper for the period of one con- <br />secutive insertion; that the first publication of said notice was in <br />the issue of said newspaper dated September 17th, A.D., 2008, <br />and that the last publication of said notice was in the issue of <br />said newspaper dated September 17th, A.D., 2008. <br />In . witness whereof I have hereunto set my hand this <br />17th day of September, A.D., 2008. <br />General manager of said <br />Delta County Independent. <br />Subscribed and sworn before me, a Notary <br />Public in and for the County of Delta, <br />State of Colorado, this 17th day of September <br />A.D., 2008. <br />YANota ru lic <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416