2009-05-11_REVISION - C1996083 (2)

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l Ia Delta County independent , 401 Meeker St. P.O. Box 809 Delta, CO 81416 AFFIDAVIT OF PUBLICATION Iss. STATE OF COLORADO COUNTY OF DELTA I, Randal Sunderland, do solemnly swear that I am managing editor of the Delta County independent; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Delta, State of Colorado, continuously and uninterruptedly in said County of Delta for a period of more than fifty-two consecu- tive weeks prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, and all amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publish- ing legal notices and advertisements within the meaning of the laws of the State of Colorado; that the annexed legal notice or adver- tisement was published in the regular and entire issue of every number of said weekly newspaper for the period of one con- secutive insertion; that the first publication of said notice was in the issue of said newspaper dated May 6th, A.D., 2009, and that the last publication of said notice was in the issue of said newspaper dated May 6th, A.D., 2009. In witness whereof I have hereunto set my hand this 6th day of May, A.D., 2009. General manager of said Delta County Independent. Subscribed and sworn before me, a Notary Public in and for the County of Delta, State of Colorado, this 6th day of May A.D., 2009. NRECEIVED MAY 11 2009 Divislort , mr;o,amation, Mining and Safety NOTICE OF PROPOSED ' DECISION The Colorado Division of Reclamation, Mining and Safetyproposes toApprove Technical Revision Application No. 59 (TR-59) for the Bowie No. 2 Mine (permit No C 1996-083), submitted by Bowie Resq rce'sz;' ' ?d' Tebh ' 1- Revision X109 's - -- LLC is proposing to in sediment control demonstrations into the per- mit application for three areas at the Bowie No. 2 Mine. One set of dem- onstrations shows that the vegeta- tion growing on the outslopes of the railroad track bench is sufficient to meet the sediment control standard. without the use of silt fence or a sedi- ment pond. The remaining demonstra- tions show that the sediment control standard can be met at the Hubbard Creek pump station and the Deer Trail Ditch pump station with the use of silt fence or straw bales, rather than with a sediment pond. The Bowie No. 2 Mine is an under. ground coal mine located `in Delta County, approximately 5 miles north- east of Paonia, Colorado. Coal inter- est is Federal and private, and the surface affected is Federal and private land. The permit area encompasses approximately 5,864.80 acres. This proposed decision is based on a finding that the proposed operation will comply with all requirements of the Colorado Surface Coal Mining Reclamation' Act, Section 34-33-101, et seq.; C.R.S., and the regulations promulgated thereunder. Copies of the proposed decision, including stipulations, are on file for public inspection at the Colorado Division of Reclamation, Mining Safety.. o and Idin with an interest that may be adversely affected by the proposed. decision may request a formal hearing before the Mined Land Reclamation Board on the proposed decision. Such request must be made within ten (10} days of the initial publication of this. notice,. muslbe c w?Gng, and must state with reasonable specificity the reasons for the request and the objections to the proposed decision. pubV,sAed-. in. the, Delta County Independent May 6, 2009. My commission expires 12/24/2009 900 Cypress Wood Lane, Delta, CO 81416