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-TQ-V 51 <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 )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 February 27th, A.D., 2008, <br />and that the last publication of said notice was in the issue of <br />said newspaper dated February 27th, A.D., 2008. <br />.In witness whereof I have hereunto set my hand this <br />27th day of February, A.D., 2008. <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 27th day of February A.D., <br />2008. <br />Notary Public <br />RECEIVED <br />MAR 0 3 2008 <br />Division of Reclamation, <br />Mining and Safety <br />NOTICE OF PROPOSED <br />OECt$ION <br />The Colorado' Division of- <br />Reclamation, Mining and Safety, <br />proposes ,to Approve Technical <br />Revision Application No. 51 (TR-51) <br />foi the -Bowie No. .2 Mine (Permit <br />No. C 1986083), submitted by <br />Bowie Resources, LLCI in.Technical <br />Revision No. 51, Bewie Resources, <br />LLC is proposing to 'allow approxi- <br />mately 1,700 cubic yards of excess <br />rock from the Bowie No. 2 Hubbard <br />Creek Vern shaft project to remain at <br />the Paonia Sewage lagoons, rather <br />than transport,it to the'Bgwie No. 1 <br />Mine, for permanent disposal, as is <br />;.currently approved. The necessary <br />: permit has'been'obtained from the <br />USDA-Forest ;Service and the Town <br />of :Paonia has agreed to accept the <br />donation. <br />The `Bowie No. 2 Mine is an under <br />gropnd. coal mine 'located ,[n Delta <br />County,`approximately 5 miles north- <br />east Paonia,' Colorado: Coal interest <br />is Federal and private, and the Sur- <br />face affected is Federal and private <br />1and.,The permit aiea epcompasses, <br />approximately 5,304:80 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 />et seq.,'C.R.S., and the regulations <br />promulgated thereunder. , , <br />CoPes;'of the, proposed decision, <br />including stipulations, are on file;lor <br />i. Public inspection at the Colorado <br />Division' of Reclamation, Mining <br />and afety Room 215, Centennial <br />Building, 1313 Sherman? Street,- <br />Denver, Colorado 80203. Persons <br />with an interest that maybe adverse- <br />ly affected by the proposed decision <br />may. request a formal-hearing before <br />r the Mined Land Reclamation; Board <br />on the proposed decision:` Such <br />I request ;must, bs.made within, ten: <br />(10) days of the initial publication of <br />I. this nddoe, must be In writing,, and <br />must statewith reasonable . specificity <br />the reasons for, the request, and the <br />objections to the proposed decision..' <br />Published. in. the ' Delta County <br />Independerit_February 27, 2008. ' <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416