2012-11-05_REVISION - C1980006 (2)

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APPENDIX A PROPOSED PUBLIC NOTICE KERR COAL COMPANY — MARR MINE & LOADOUT SITE FINAL PHASE III BOND RELEASE REQUEST APPLICATION Kerr Coal Company (Kerr) has filed an application with the Colorado Division of Reclamation Mining and Safety (DRMS) requesting final Phase III bond release for the remaining unreleased areas at the Kerr (Marr) Mine site located ten miles east of the town of Walden and at the former Loadout site which is approximately one mile south of Walden. The DRMS mining permit for Kerr is Permit No. C- 80 -006. This final bond release application has been filed in accordance with the provisions of Rule 3.03 of the Regulations of Colorado Mined Land Reclamation Board for Coal Mining. The DRMS has previously approved `partial' bond release requests for the mine and Loadout site and this application pertains to final release of surety bond and liability for remaining unreleased areas. The Kerr (Marr) Mine permit (C -80 -006) was approved by DRMS as a permit renewal on March 20, 2011. The areas requested to be released consist of 28.7 acres. DRMS holds a reclamation surety bond in the amount of $19,619.00. Kerr is requesting that the DRMS release 100 percent ($19,619.00) of the bond. Kerr was the owner /operator and is the current permittee under Permit No. C -80 -006. Mr. Douglas Barnett of Fort Morgan, Colorado is the surface owner of the private land portion of the mine and Loadout and the Bureau of Land Management (BLM) is landowner of the northern portion of the mine site. Mining ceased in 1993 and final reclamation activities were initiated in early 1993; permanent seeding of the mine site occurred in 1995 and 1996. Permanent seeding of the Loadout occurred in 2000. Reclamation activities have achieved the required bond release criteria as designated in the approved reclamation plan. Application for Phase III bond release applies to all lands affected by the surface mining and the successful completion of reclamation of all disturbance at the Kerr (Mary) Mine and the former Loadout site. Kerr can be contacted at the following: Kerr Coal Company PO Box 459 115 East Main Street Florence, CO 81226 Phone (719) 784 -6395 Fax (719) 784 -6395 The mine is located 10 miles east of Walden, Colorado on County Road 12E. The Loadout site is located approximately one mile south of Walden. The Bond Release Request pertains to areas which are situated in the Johnny Moore Mountain, Gould NW, Walden and Eagle Hill 7.5 minute USGS quadrangle maps in the 6th Prime Meridian: The legal description of the permit areas are: Mine Site: • Township 8 North, Range 78 West - Section 2 • Township 9 North, Range 78 West - Sections 22, 23, 25, 26, 27 and 35 of the 6th Principle Meridian, Jackson County, Colorado Loadout site: • Township 9 North, Range 79 West - Section 28, SW /4; Section 29, SE /4 of the 6` Principle Meridian, Jackson County, Colorado The referenced mine areas are illustrated on the Phase 3 Bond Release Map and the Loadout Site Map included in the Final Bond Release Application package.