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Delta County <br />independent <br />401 Meeker St. <br />P.O. Box 809 <br />Delta, CO 81416 <br />AFFIDAVIT OF PUBLICATION <br />STATE OF COLORADO <br />Iss. <br />COUNTY OF DELTA <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 August 5th, A.D., 2009, and <br />that the last publication of said notice was in the issue of <br />said newspaper dated August 5th, A.D., 2009. <br />In witness whereof I have hereunto set my hand this <br />5th day of August, 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 5th day of August A.D., <br />2009'. <br />Notary.Pu lic <br />RECEIVED <br />AUG 10 zoos <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 "Transfer of Permit" <br />No. '5 (SO-5); submitted, -4v Bowie <br />nesuurues, LLU; Tor a coai mining <br />permit at the Bowie No. 1 Mine. The <br />permit will be succeeded by Bowie <br />Resources, LLC: <br />The Bowie No. 1 Mine is an under- <br />ground mine located in Delta County, <br />approxirtlately 3 miles north of <br />.Paonia, Colorado. Coal interest is <br />Federal and private, and the surface. <br />to be affected is Federal and private <br />land. The permit area encompasses <br />approximately 8,670.00 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 qf Reclamation, Mining <br />and Safety, Room 215, Centennial <br />Building, 1313 Sherman Street, <br />Denver, Colorado 80203 and at the <br />Paonia Public Library, P.O. Box' 969, <br />Paonia, Colorado 81428. 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 on or before <br />August 27, 2009, must be in writ- <br />ing, and must state with reasonable <br />specificity the reasons for the request <br />and the objections to the proposed, <br />decision. <br />Published in the Delta County <br />Independent August 5, 2009: <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416