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R _1: gip,,11 <br />Delta County <br />,,ndep dent <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 />I, 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 January 19th, A.D., 2011, <br />and that the last publication of said notice was in the issue of <br />said newspaper dated January 26th, A.D., 2011. <br />In witness whereof I have hereunto set my hand this 26th day of <br />January, A.D., 2011. <br />Q-'6ua ?? <br />General manager of said Delta County Independent <br />Subscribed and sworn before me, a Notary Public in and for the <br />County of Delta, State of Colorado, this 26th day of January, A.D., <br />2011. <br />-4bf <br />Notary Public <br />My commission expires 12/24/2013 <br />900 Cypress Wood Lane <br />Delta, CO 81416 <br />P SUND <br />?,'?pTAgy? •Z <br />CL <br />FE3 0120 1 <br />NOTICE OF PROPOSED <br />DECISION <br />The Colorado Division of <br />Reclamation., Mining and Safety <br />proposes to Approve Permit Revision <br />Application No: 4, submitted by Bowie <br />Resources, LLC for a coal mining <br />permit at the Bowie No. 1 Mine <br />(Permit No. C-1981-038). In 'Permit <br />Revision No. 4, Bowie Resources <br />LLC (BRL) is proposing to reduce <br />the Bowie No. 1 Mine permit area <br />by 3,239 acres. Of that total, 2,379 <br />of those acres would be transferred <br />over to the Bowie No. 2 Mine and <br />860 acres would be dropped from the <br />Bowie No. 1 Mine permit area. Under <br />a separate revision for the Bowie No. <br />2 Mine, Permit Revision No. 12, BRL <br />added the 2,379 acres to the Bowie <br />No. 2 Mine acreage, with a new mine <br />plan for that area. BRL is proposing <br />to drop, 860 acres of the Bowie No. <br />1 Mine permit area so that the new <br />permit boundary will coincide with the <br />federal coal lease boundary. <br />Portions of federal coal leases C- <br />37210, C-27432 and D-036955, <br />originally assigned to the Bowie No. 1 <br />Mine, will be accessed underground <br />from the Bowie No. 2 Mine to the <br />east. BRL maintains its right of entry <br />to the applicable sections of the same <br />federal coal leases. All Bowie No. 1 <br />Mine baseline information, hydrology <br />and subsidence monitoring and <br />liability in the transferred permit area <br />will remain the responsibility of BRL <br />but through the Bowie No. 2 Mine <br />permit. The reclamation bond for the <br />Bowie No. 9 Mine will be decreased <br />by $57,598.00, with a similar amount <br />increased for the Bowie No. 2 Mine, <br />since several drill sites and,associated <br />roads will be transferred to the Bowie <br />No.2Mine. <br />The Bowie No. 1 Mine is an <br />underground mine located in Delta <br />County, approximately 3 miles north <br />of 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 5,431.00 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 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, at the <br />Delta County Clerk and Recorders <br />Office and at the Paonia Public <br />Library, 2 Third Street, Paonia; CO <br />81428. Persons with an,interest that <br />may be adversely affected by the <br />proposed decision may request a <br />formal hearing before the Mined Land <br />Reclamation Board on the proposed <br />decision. Such request must be <br />made within thirty (30) days of the <br />initial publication of this notice, must <br />be in writing, and must state with <br />reasonable specificity the reasons for <br />the request and the objections to the <br />proposed decision. <br />Published in the Delta County <br />Independent January 19 and 26, <br />2011.