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Delta County
<br />independent RECEIVED
<br />DEC
<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 />0 8 2008
<br />4s?ion bf Reclamation,
<br />`?171ining and Safety
<br />r •- •;sion of S
<br />.Aning L-
<br />1, Randal Sunderland, do solemnly swear that I am publisher of the
<br />Delta County Independent; that the same is a weekly newspaper print-
<br />ed, in whole or in part, and published in the County of Delta, State of
<br />Colorado, continuously and uninterruptedly in said County of Delta
<br />for a period of more than fifty-two consecutive weeks prior to the first
<br />publication of the annexed legal notice or advertisement; that said
<br />newspaper has been admitted to the United States mails as second-
<br />class matter under the provisions of the Act of March 3, 1879, and all
<br />amendments thereof, and that said newspaper is a weekly newspaper
<br />duly qualified for publishing legal notices and advertisements within
<br />the meaning of the laws of the State of Colorado; that the annexed legal
<br />notice or advertisment was published in the regular and entire issue two
<br />consecutive insertions; that the first publication of said notice was in
<br />the issue of said newspaper dated November 26th, A.D., 2008,
<br />and that the last publication of said notice was in the issue of
<br />said newspaper dated December 3rd, A.D., 2008.
<br />In witness whereof I have hereunto set my hand this
<br />3rd day of December, A.D., 2008.
<br />General manager
<br />of said
<br />Delta County Independent.
<br />Subscribed and sworn before me, a Notary
<br />Public in and for the 3rd day of December, A.D.,
<br />2008.
<br />Notary Public
<br />My commission expires 12/24/2009
<br />900 Cypress Wood Lane, Delta, CO 81416
<br />qc, 0 93
<br />Y_ -tO
<br />NOTICE OF PROPOSED
<br />DECISION
<br />The Colorado Division Of
<br />Reclamation, Mining and Safety pro-
<br />poses to Approve. Permit Revision
<br />Application No. 10, submitted by
<br />Bowie Resources, LLC (BRL) for a
<br />coal mining permit at the Bowie No.
<br />2 Mine (Permit No. C-1996-083). In
<br />Permit Revision No. 10 (PR-10) BRL
<br />is proposing to revise its approved
<br />mine plan by extending mining of the
<br />B coal seam to the north. The mine
<br />plan revision involves slightly length-
<br />ening oneapproved longwall panel,
<br />and adding three new longwall pan-
<br />els and their associated main entries.
<br />The main entries will be room and
<br />pillar mined and will lie underneath a
<br />section of Hubbard Creek. The pro-
<br />posed mine plan will bring mining to
<br />within 2560 feet and mining-induced
<br />subsidence to within about 1500 feet
<br />of the Bruce Park'Dam (Terror Creel
<br />Reservoir). BRL is also propasmg to
<br />undermine and.subside Dove Gulch .
<br />and Dove Cave, although BRL has
<br />a design to protect the cave. The
<br />operator has provided demonstra-
<br />tions, designs and a subsidence and
<br />seismic monitoring program in PR-10
<br />in support of their proposals. Access
<br />to the coal is through Federal Coal
<br />Lease COC-61209. Other than the
<br />effects from mining-induced subsid-
<br />ence and seismicity, there is no new
<br />surface disturbance proposed in PR-
<br />10. In PR-10 there is no proposed
<br />increase in the rate of coal produc-
<br />tion, no proposed increase in water
<br />usage at the mine and no proposed
<br />change to the permit boundary.
<br />The Bowie No. 2 Mine is located
<br />in Delta County, approximately 5
<br />miles Northeast of Paonia, Colorado.
<br />The Underground operation has an
<br />anticipated maximum production
<br />capacity of 6 Million tons per year.
<br />Coal interest is Federal and private,
<br />and the surface to be affected is
<br />Federal and private land. The permit
<br />area encompasses approximately
<br />5,304.80 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 />et seq., C.R.S., and the regulations
<br />promulgated thereunder.
<br />Copies of the proposed decision,
<br />_T including egy_stipalat15,AW 0nn fl10
<br />for 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 and at the
<br />Paonia Public Library, 140 Grand
<br />Avenue, Paonia, CO 81428. Persons
<br />with an interest that maybe 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 thirty
<br />(30) 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 November 26 and
<br />December 3, 2008.
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