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[RECEIVED
<br />Delta County JUN 2 9 2009
<br />0dependent L?iVISIUf r ;amation,
<br />Pill _ I[J
<br />'' ? Mining and Safety
<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
<br />SS.
<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 24th, A.D., 2009, and
<br />that the last publication of said notice was in the issue of
<br />said newspaper dated June 24th, A.D., 2009.
<br />In witness whereof I have hereunto set my hand this
<br />24th 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 24th day of June A.D.,
<br />2009.
<br />Notary Public
<br />.NOTICE OF PROPOSED
<br />DECISION
<br />The Colorado Division of
<br />Reclamation, Mining and Safety
<br />proposes to Approve Technical
<br />Revision Application No. 61 (TR-61)
<br />for the Bowie No. 2 Mine (Permit
<br />`No. C-1996-083), submitted by
<br />Bowie Resources, LLC. In Technical
<br />Revision No. 61, Bowie Resources
<br />LLC is proposing to steepen the
<br />outslopes of all. but the first. bench
<br />at coal waste 5to p,' 4t' .Coal
<br />--- Jtaete stockpileVf r - fr^---- -
<br />of old state highway 133 and the Fire
<br />Mountain Canal. The upper benches'
<br />outslopes would be steepened from
<br />the current 5 horizontal to 1 vertical
<br />to 3 horizontal to 1 vertical. The
<br />geotechnical designs that confirmed
<br />the stability of the steepened slopes
<br />were approved in-Technical Revision
<br />No. 56. By steepening the outslopes
<br />of the coal waste stockpile, the
<br />operator will be able to place more
<br />coal waste at this site.
<br />The Bowie No. 2 Mine is an
<br />underground coal mime located in
<br />Delta County, approximately 5 miles
<br />northeast of,Paonia, Colorado. Coal
<br />interest 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 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, Colorado 80203. Persons
<br />with an interest thal: may be adversely
<br />affected, by the -proposed decision
<br />--- - may rt"4.a?nIdie;3Nfag.bgj"Rr'e.
<br />the Mined Land Fieclamatlon 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 decision.
<br />Published in the Delta C¢Uhty
<br />Independent June 24, 209.
<br />My commission expires 12/24/2009
<br />900 Cypress Wood Lane, Delta, CO 81416
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