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<br />Delta County
<br />independent
<br />401 Meeker St.
<br />P.O. Box 809
<br />Delta, CO 81416
<br />
<br />AFFIDAVIT OF PUBLICATION Ju? '? 4 110N
<br />lafion,
<br />Div
<br />Mining
<br />g and Safety
<br />Mini
<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 June 10th, A.D., 2009, and
<br />that the last publication of said notice was in the issue of
<br />said newspaper dated June 10th, A.D., 2009.
<br />In witness whereof I have hereunto set my hand this
<br />10th day of June, A.D., 2009.
<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 10th day of June A.D.,
<br />2009. bar r-Naot 3'Public
<br />
<br />NOTICE OF PROPOSED
<br />DECISION
<br />The Colorado Division , of
<br />Reclamation, Mining and Safety pro-
<br />poses to Approve with one condition
<br />Technical Revision Application No.
<br />49 (TR-49) for the Bowie No. 2 Mine
<br />(Permit No. C-1996-083), submitted
<br />by Bowie Resources, LLC (BRL). In
<br />TR-49, BRL is proposing to revise the
<br />already approved plan to transport
<br />coal waste from. the Bowie No. 2
<br />Mine preparation plant north of Bowie
<br />Road to the approved, but not yet
<br />constructed, coal waste pile no. 3 that
<br />will be south of Bowie Road. Instead
<br />of an overhead conveyor to transport
<br />the coal waste,, BRL is proposing to
<br />use highway legal coal haul trucks.
<br />:Tbe coaf was* from the preparatiolp
<br />plant would be heuled=abro59'13oW-
<br />Road and the 'Fire Mountain Canal
<br />to coal waste pile no. 3. Up to 230
<br />one way trips are anticipated. The
<br />one condition to the proposed deci-
<br />sion is that BRL obtain and submit to
<br />the Division the appropriate Colorado
<br />Department of Public Health and the
<br />Environment construction permits
<br />before any coal waste is transported
<br />to coal waste pile no. 3. Because
<br />the overhead conveyor transport plan
<br />was previously approved and bonded
<br />for reclamation, there will be a recla-
<br />mation bond reduction of $29,861.00
<br />with the approval of TR-49.
<br />The Bowie No. 2 Mine is an under-
<br />ground coal mine located in Delta
<br />County, approximately 5 miles north-
<br />east of Paonia, Colorado. Coal inter-
<br />est is Federal and private, and the
<br />surface affected is Federal and private
<br />land. The permit area encompasses
<br />approximately 5,864.80 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 343310,,
<br />et 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, Colorado'8820 , itMQ
<br />;?viiif>1'11`?if?lSaY.gp se--
<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 />tf;e reasonss for the request and the
<br />objections to the propos6d'd2dision.
<br />f?'061ished' in the Delta County
<br />Independent June 10, 2009
<br />My commission expires 12/24/2009
<br />900 Cypress Wood Lane, Delta, CO 81416
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