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Delta County
<br />ndependent
<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 Iss.
<br />1, Randal Sunderland, do solemnly swear that I am publisher of the_
<br />Delta County Independent; that the same is a weekly newspaper print-
<br />ed, in whole or in part, and published in the County of Delta, State of
<br />Colorado, continuously and uninterruptedly in said County of Delta
<br />for a period of more than fifty-two consecutive weeks prior to the first
<br />publication of the annexed legal notice or advertisement; that said
<br />newspaper has been admitted to the United States mails as second-
<br />class matter under the provisions of the Act of March 3, 1879, and all
<br />amendments thereof, and that said newspaper is a weekly newspaper
<br />duly qualified for publishing legal notices and advertisements within
<br />the meaning of the laws of the State of Colorado; that the annexed legal
<br />notice or advertisment was published in the regular and entire issue two
<br />consecutive insertions; that the first publication of said notice was in
<br />the issue of said newspaper dated November 17th, A.D., 2010,
<br />and that the last publication of said notice was in the issue of
<br />said newspaper dated November 24th, A.D., 2010.
<br />In witness whereof I have hereunto set my hand this 24th day of
<br />November, A.D., 2010.
<br />General manager of said Delta County Independent
<br />-- Subscribed and-sworn before me-a Notary Public in and for they
<br />County of Delta, State of Colorado, this 24th day of November,
<br />A.D., 2010.
<br />Y', t, A- \, ?
<br />Notary Public ,?•?`'?????????????''••,
<br />SUNS
<br />My commission expires 12/24/2013
<br />900 Cypress Wood Lane
<br />Delta, CO 81416
<br />49:
<br />O Ry
<br />., OFC0VOQ;,.
<br />NOTICE OF PROPOSED DECISION
<br />The Colorado Division of Reclamation,
<br />Mining andr Safety proposes to
<br />approve with. one stipulation Permit
<br />Revision Application No. 12 (PR-
<br />12) submitted by Bowie Resources,
<br />LLC (BRL) for the Bowie No, 2' Mine
<br />(Permit No. C-1996-083). Due to
<br />difficult mining 'conditions in the
<br />northern part of the Bowie No. 2 Mine
<br />permit area, BRL is proposing in PR-
<br />12 to curtail mining to the north and
<br />expand mining to the west of their
<br />current permit area. BRL intends to
<br />transfer 2;203 acres of their Bowie
<br />No. 1 Mine. permit area into their
<br />Bowie, No. 2 Mine permit area.
<br />Under a separate permit revision,
<br />this transferred acreage will be
<br />subtracted from the Bowie No. 1 Mine
<br />permit area. All Bowie No. 1 Mine
<br />baseline information, hydrology and
<br />subsidence monitoring and liability in
<br />the transferred permit area will remain
<br />the responsibility of BRL but through
<br />the Bowie No. 2-Mine permit. Portions
<br />of federal coal leases C-37210,
<br />C-27442 and D-036955, originally
<br />assigned to the Bowie No. 1 Mine,
<br />will be accessed unde[ground'from
<br />the Bowie No. '2 Mine to the east. BRL-
<br />as aRpli d' 30}lease.fir odibc;atio
<br />to lease"© 036J55 for 160 additional - - -
<br />acres but, since it is still pending, the
<br />lease modification issue has been
<br />taken out of PR-12.
<br />Five north-south trending longwall
<br />panels in the upper B coal searn are
<br />planned for mining west of I-error
<br />Creek. The longwall mining will result
<br />in subsidence. Portions of Steven's
<br />Gulch- Road and the Pitkin Mesa
<br />Pipeline are projected to be impacted
<br />to a negligible to slight degree by
<br />subsidence. Mining is proposed under
<br />federal and private lands. The coal to
<br />be mined and the federal land to be
<br />mined under are managed by the
<br />Bureau of Land Management. Other
<br />than the effects from mining-induced
<br />subsidence, there is no new surface
<br />disturbance proposed in PR-12.. In
<br />PR-12 there is no-proposed increase
<br />in the rate of coal production and no
<br />proposed increase in water usage at
<br />the mine.
<br />The Bowie No. 2 Mine is located in
<br />Delta County, approximately 5 miles
<br />northeast of Paonia, Colorado. The
<br />underground operation has an
<br />anticipated maximum production
<br />capacity of 6 million tons per year.
<br />Coal interest is Federal and private,
<br />and the surface to be affected is
<br />Federal and private land. The
<br />permit area currently encompasses
<br />approximately 5,944.80 acres. -
<br />This proposed decision is based on
<br />a finding Itiat-the proposed operation
<br />will comply with all requirem9nls of
<br />the Colorado, Suaa're=Coar Mr Tgx _ _ __ _
<br />Reclamation Act, Section 34-33-101,
<br />et seq.,,C.R.S., and the regulations
<br />promulgated thereunder.
<br />Copies of the proposed decision,
<br />including any stipulations, are on file
<br />for 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 and at the
<br />Paonia Public Library, 2 Third Street,
<br />Paonia, CO 81428. Persons with
<br />an interest that, may be adversely
<br />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 thirty
<br />(30). days of the initial publication of
<br />this notice, must be in 'writing, and
<br />must state with reasonable specificity
<br />.
<br />the reasons for * request and the
<br />objections to the proposed decision.
<br />Publis a in the Delta county
<br />IndepQndent November, 1 lad 24,
<br />200;,.,, ?k
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