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1-7 <br />Delta County <br />ndependent <br />401 Meeker St. <br />P.O. Box 809 <br />Delta, CO 81416 <br />AFFIDAVIT OF PUBLICATION <br />STATE OF COLORADO <br />COUNTY OF DELTA Iss. <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 November 12th, A.D., 2008, <br />and that the last publication of said notice was in the issue of <br />said newspaper dated November 12th, A.D., 2008. <br />In witness whereof I have hereunto set my hand this <br />12th day of Novmeber, 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 12th day of November <br />A.D., 2008. <br />t4, Public <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416 <br />RECEIVED <br />NOV 18 2008 <br />Division of Reclamation, <br />Mining and Safety <br />NOTICE OF PROPOSED <br />DECISION <br />The Colorado Division of <br />Reclamation, Mining and Safety pro- <br />poses to Approve Technical Revision <br />Application No. 56 (TR-56) for the <br />Bowie No. 2 Mine (Permit No. C-1996- <br />083), submitted by Bowie Resources, <br />LI-C. In,Tacti . ;nn 561 ..-. - - <br />-- Bowie Resources LLC is proposing <br />to incorporate a revised geotechni- <br />cal report into the permit application <br />which shows that the outslopes of the <br />50 fodt high benches above the first <br />bench at coal waste bank pile No. 2 <br />can be steepened from the currently <br />approved 5 horizontal to 1 verti- <br />cal to 3 horizontal to 1 vertical. By <br />steepening the bench outslopes, the <br />operator will be able to place more <br />coal waste at this site. The designs <br />for the revised coal waste pile will be <br />presented in a future technical revi- <br />sion, with re-construction to follow if <br />approved. , <br />The Bowie No. 2 Mine is an under- <br />ground coal mine located in Delta <br />County, approximately 5 miles <br />northeast of Paonia, Colorado. Goal <br />interest is Federal and private, 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., C.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, ColoraMY-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 />on 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 decisiorl. <br />Published in the Delta -County , <br />Independent November 12, 2008.