2012-02-02_REVISION - C1991078 (3)

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AFFIDAVIT OF PUBLICATION FORUM NEWSPAPERS, INC. STATE OF COLORADO COUNTY OF MONTROSE I, Erin Culver do solemnly swear that I am Secretary of Forum Newspapers, Inc.; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Montrose, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterrupted in said County of Montrose for a period of more than fifty -two weeks prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second -class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issues of every number of said weekly newspaper for the period of l consecutive insertions; and that the first publication of said notice was in the issue of the newspaper dated (' i 5 A.D., 20 r . , and that the last publication of said notice was in the issue of said newspaper dated ,,n — 6 ; A.D., 20 this In witness whereof I have hereunto set my hand day of \ Ok- Subscribed and sworn to before me, a Notary Public in and for the County of Montrose, State of Colorado this 2 day of (Notary Pint) )SS. - My Commission Expires e 2' O L • c) 0 ) 3 Al) 20 A.D., 20 1 ) PUBLIC NOTICE Honeywood Coal Company 2120 Crestmoor Road, Suite 3020, Nashville, TN 37215, has sub- mitted an application for a phase III bond release to the Division of Reclamation, Mining and Safety for its mining permit No. C- 1991 -078. The initial mining permit was approved February 10, 1992. The current mining permit was approved February 10, 2007. This permit action will release 100 percent of the remaining reclamation bond. The current reclamation bond value is $65,915 and is in the form of a letter of credit. The area for which phase 111 bond release is being requested is about 111.2 acres; of which 21.0 acres are considered 'permanent facilities' at the Hamilton Mine Site located in portions of Section 33, Township 46 North, Rangel5 West, N.M.P.M. Montrose County, CO. Honeywood Coal Company operated the Hamilton Mine from March 1992 to July 1993 The coal sales contract was not renewed in 1993. Therefore, during the third and fourth quarters of 1993 the mine site was reclaimed All equipment and facilities were removed from the mine site. The mine site was regraded to approximate original contour, topsoil was replaced on the regraded areas and the mine site was seeded and mulched. Reclamation efforts were completed in December 1993. Supplemental seeding was performed in 1995 and 1998 Sedi- ment Pond A and the associated ditch were reclaimed in late 2010. Vegetation has become well established during the ensuing years. The Vegetation study conducted in July 2010 and August 2011 demonstrate revegetation success criteria, have been achieved for the last two consecutive years. Honeywood has established vegetation which supports the approved post mine lard use of improved rangeland and wildlife habitat and meets the approved success standard for vegeta- tive cover. Since the July 2010 survey was used in part for the Phase II bond release, and the August 2011 vegetation survey demonstrated similar results, the reclaimed mine site meets the approved success standard for cover and supports the approved postmining land use of rangeland and wildlife habitat. All reclamation work has been performed in accordance with plans approved by the Division of Reclamation, Mining and Safety. A sod loss demonstration for the reclaimed area was incorporated into the permit with the approval of TR -10 and MR -11 in 2009. The calculations demonstrate that untreated drainage from the reclaimed area will contribute fewer suspended solids to streamflow or runoff outside the permit area than will untreated drainage from the natural surrounding area. The reduction in suspended solids determination is consistent with the permit document which states the surface coal mining operation is not expected to result in the contamination, diminution, or interruption of any underground or surface water'. Review of annual hydrologic reports demonstrate there is no evidence of groundwater con- tamination. Based on geology in the area, the surface mining operation was unlikely to affect groundwater as the potentiometric surface of the groundwater is approximately 100 feet below the lowest coal seam that could have been mined, and impermeable layers of shale totaling about 20 -feet thick exist between the lowest coal seam that could have been mined and the aquifer. The Hamilton 'Mine permit area is located in portions of the following described lands. Township 46 North, Range 15 West, N.M P.M. Section 32: E /2E/2 Section 33. W /2, Disturbed areas in the S /2NW /4NE/4, SE/4NE/4, W /2NW /4SE /4 Township 45 North, Range 15 West, N.M.P.M. Section 4: Portions of Lots 3, 4, 5, 6, 11 & 12 Section 5: N /2NE/4NE /4 Containing 757 acres more or less The U.S.G.S. 7 5 minute quadrangle map of Naturita, CO contains the permit area The approved Hamilton Mine permit area contains 757 acres of private land. The surface of the permit area is owned by David & Terry Andrews and William E Bray. A copy of the bond release application is available for public inspection at the Montrose County Courthouse Annex, 300 Main, Nucla, CO and at the Denver and Durango offices of the Divi- sion of Reclamation, Mining and Safety [Room 215, 1313 Sherman St., D'enver, CO 80203, (303) 866 -3567; and 691 CR 233, Suite A -2, Durango, CO 81301, (970) 247 - 1184]. Written comments regarding this application may be submitted to and additional information may be obtained from the Denver office of Division of Reclamation, Mining and Safety. Phone inquiries should be directed to the Durango office. Comments, objections or requests for a public hear- ing or informal conference must be made within thirty (30) days of the last publication of this notice or within 30 days of the completed bond release inspection whichever is later. Published in the San Miguel Basin Forum newspaper in Nucla, CO , January 19th and 26th, February 2nd and 9th, 2012.