2009-09-03_REVISION - C1981008 (3)

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Copies of Written Notice to Seek Release to Parties Identified in Rule 3.03.2(1): Appendix A contains copies of the notice to surface owners, mineral owners, Town of Nucla, Montrose County Planning Department, County Commissioners and others. Copy of Newspaper Advertisement: A copy of the advertisement which has been published in the San Miguel Basin Forum is given below. A certified proof of publication will be supplied after the fourth week of publication. PUBLIC NOTICE Western Fuels-Colorado, whose address is P.O. Box 628, Nucla, Colorado 81424, is petitioning the Colorado Division of Reclamation, Mining and Safety for the Phase 2 and 3 bond release for portions of its New Horizon #2 Mine property located approximately 1 miles northwest of Nucla, Colorado. The permit number is C-81-008, which was initially approved in 1981 with a Self Bonding reclamation bond of $483,901. The current bond is $4,000,000. All mine areas were backfilled, graded, topsoiled and reseeded according to the approved reclamation plan. Phase 2 release is being requested on 26.8 acres of these areas and Phase 3 release on 149.9 acres. Vegetation studies have been performed and have met all permit requirements for Phase 2 and Phase 3 bond release. The general description of the property to be released is as follows: T47N R15W - SECTION 31 (Phase 2)- W 1/2 SW 1/4 SW 1/4 T46N R15W - SECTION 6 (Phase 3)- NE 1/4 and N 1 /2 SE 1 /4 and E 1/2 NW 1/4 and NE 1 /4 SW 1 /4 T46N R15W - SECTION 6 (Phase 2) - NW 1/4 NW 1/4 The parcel of land in question are located on the U.S.G.S. NUCLA Quadrangle. Written comments, objections and requests for public hearing or informal conferences should be submitted to: Colorado Division of Reclamation, Mining & Safety 215 Centennial Building 1313 Sherman Street Denver, Colorado 80203-2273 These comments must be received by the Division by 30 days after the final publication of this notice. 10