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Delta County <br />,independent <br />r <br />401 Meeker St. <br />P.O. Box 809 <br />Delta, CO 81416 <br />AFFIDAVIT OF PUBLICATION <br />RECEIVED <br />STATE OF COLORADO <br />COUNTY OF DELTA <br />OCT 14, 2008 <br />SS. uew.. ,amation. <br />_ ----. i _ a _. Safet_ _! _ <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 October 8th, A.D., 2008, and <br />that the last publication of said notice was in the issue of <br />said newspaper dated October 8th, A.D., 2008. <br />In witness whereof I have hereunto set -my hand this <br />8th day of October, A.D., 2008. <br />?l 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 8th day of October A.D., <br />2008. <br />otary Public <br />PUBLIC NOTICE <br />Bowie Resources, LLC, P.O. Box <br />483, Paonia, COI.81428, has <br />submitted a complete application for <br />a technical revision to the Division of <br />Reclamation, Mining & Safety for its <br />approved Bowie No. 2 Mine, mining <br />permit no. C-1996-083. The proposed <br />revision will allow an increase in <br />. the slope angle at coal mine waste <br />disposal area number 2. The slopes <br />above the first fifty foot benoh are <br />currently approved to be constructed <br />at a slope angle of five horizontal <br />to one vertical. Buckhorn Geotech <br />performed a stability evaluation that <br />shows the slopes above the first fifty <br />foot bench can be safely constructed <br />at a slope angle of three horizontal to <br />one vertical. The factor of safety of <br />the coal mine waste pile with the new <br />slope angle exceeds 1.5. <br />The mine facilities are located north of <br />Bowie Road near the town of Bowie; <br />CO. A pump station, three sediment <br />ponds and unit train loadout are <br />located south of Bowie Road. The <br />Fire Mountain Canal is located south <br />-- of the mine facilities and north of the -- <br />,unit train loadout. The North Fork of <br />the Gunnison River is located south <br />of the mine permit boundary. The <br />proposed mine permit area is located <br />on the U.S. Geological Survey 7.5 <br />minute Bowie Quadrangle map within <br />the following. sections. <br />Township 13 South Range 91 West. <br />6th PM <br />Sec. 2: SW1/4NW1/4, SW1/4 <br />Sec. 3: ALL <br />Sec. 4: ALL - <br />Sec. 5: S1/2SE1/4, SE114SW1/4, <br />S1/2NE1/4NE1/4SE1/4, <br />SE1/4NW 1/4NE1'/4SE1 /4, <br />E1/2SW 1/4NE1/4SE1/4, <br />SE1/4NE1/4SE1/4 <br />Sec. 8: NEt/4 <br />Sec. 9: NE1/4, NWt/4, SE1/4, <br />NE1/2SW1/4, SE114 <br />SW14, NE1/4 <br />S W 1 /4SW1 /4 <br />Sec. 10: ALL <br />Sec. 11: SW1/4, NW1'/4 <br />Sec. 14: NW 1/4 except that <br />portion south of the Union <br />Pacific Railroad right of <br />way <br />Sec. 15: NE1/4, NWt/4, <br />NW1/4SE1/4', Portions <br />of the N1/2SE1/4, <br />SW1/4SE1/4, S1/2SW1/4, <br />excluding all privately <br />held lands not owned or <br />controlled by Bowie <br />Resources Limited or the <br />Union Pacific Railroad. <br />Sec. 16: N1/2NE1/4 <br />Sec. 22: Portion of NW1/4NW1/4, <br />on lands owned"by. the <br />-` _ Union. Pacific Railroad. <br />.Township 12 South. Range 91 West. <br />t 3<6 h PM <br />Sec. 33: Lots 1, 2„ 3, 6, 7, 8, 10, <br />11, 12, 14, 15, 16, SE1/4 <br />NW1/4, S1/2NE1/4 <br />Sec. 34: Lots 1 through 16, S1/2 <br />NE1/4, S1/2NW1/4, <br />Sec. 35: SW/4 Lot 18, NW/4 <br />Lot 19 <br />North of Deer Trail Ditch <br />The Bowie No. 2 Mine permit contains <br />5305 acres of land, 2,612 acres of <br />private surface and 2,693 acres of <br />Federal surface. Private minerals <br />within the proposed permit area <br />encompass 1957 acres with Federal <br />minerals accouhting for the balance <br />of 3348 acres. <br />A copy of the proposed revision. <br />is available for public inspection <br />at the Paonia Public Library, ,140 <br />Grand Avenue, Paonia, CO, and <br />at the offices of the Division of <br />Reclamation, Mining & Safety, 1313 <br />Sherman St., Room 215, Denver, <br />CO, 80203, (303) 866-3567. Written <br />comments regarding this application <br />may be submitted to and additional <br />information may be obtained from <br />the Division of Reclamation Mining & <br />Safety at the above address. Written <br />comments must be received by the _ <br />Division of Reclamation, Mining & <br />Safety within 10 days after the date <br />of this publication in order to be <br />considered. <br />Published in the Delta County <br />Independent October 8, 2008. <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416