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The Division published a newspaper notice in the Delta County Independent, <br />which specifically advised the public of this situation and which invited any <br />interested party to request a public hearing. No such requests were received. The <br />publication occurred on August 7, 1996, and the proof of publication was received <br />by the Division on August 12, 1996. Additionally, on July 26, 1996 the Division <br />received a letter dated July 8, 1996 written from the Colorado Department of <br />Transportation to Bowie Resources, LLC specifically allowing such activities <br />within 100 feet of the highway. This letter is contained in Volume III, Exhibit 14 <br />of the Bowie No. 2 Mine permit application document. <br />The proof of publication and the Department of Transportation letter are <br />contained within the Division's correspondence files for the Bowie No. 2 Mine <br />permit application. Volume III, Exhibit 13 of the permit application also contains <br />a copy of the Colorado Department of Transportation State Highway Access <br />Permit granted for the Bowie No. 2 Mine. <br />Through Permit Revision No. 3, BRL obtained approval to construct certain <br />facilities within 100 feet of the right -of -way of old State Highway 133. The <br />facilities included the coal stockpile, coal haul truck loading system and the <br />relocated pond B. <br />A public notice was published in the Delta County Independent informing the <br />public of their right to request an informal conference concerning this situation. <br />No requests were received that specifically requested an informal conference to <br />discuss the right -of -way issue, although two informal conferences were held, on <br />August 5, 1999 and September 13, 1999, to discuss all of the issues contained in <br />Permit Revision No. 3. Additionally, BRL submitted a letter from the Colorado <br />Department of Transportation (CDOT), dated January 12, 1999, in which <br />permission was granted for construction of the proposed facilities within 100 feet <br />of the right -of -way of old State Highway 133. A copy of the letter is in Tab 14 of <br />Volume III of the Bowie No. 2 Mine permit application. Tab 13 of Volume III <br />contains the two new state highway access permits, numbered 399058 and <br />399059, required by CDOT for the operations proposed in Permit Revision No. 3. <br />Approval of Permit Revision No. 6 permitted the construction of facilities within <br />100 feet of the right -of -way of State Highway 133 and Old State Highway 133. <br />The facilities include an overhead conveyor line and conveyor support structures <br />within the right -of -way of Old State Highway 133, as well as sedimentation <br />ponds J and K, sections of railroad track construction and a temporary <br />construction access road within the right -of -way of State Highway 133. The <br />public notice of completeness for Permit Revision No. 6, published in the Delta <br />County Independent on August 15, 22, 29 and September 5, 2001, informed the <br />public of the right to request an informal conference to discuss the issues in <br />Permit Revision No. 6. There were no requests for an informal conference. <br />16 <br />