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AFFIDAVIT OF PUBLICATION
<br />STEAMBOAT PILOT & TODAY
<br />STATE OF COLORADO
<br />COUNTY OF ROUTT
<br />1, Quinn Kaufhold, do solemnly swear that I am
<br />Legal Notice Representative of theSteamboat Pilot &
<br />Today, that the same is a daily newspaper printed, in
<br />whole or in part, and published in the County of
<br />Routt, State of Colorado, and has a general
<br />circulation therein; that said newspaper has been
<br />published continuously and uninterruptedly in said
<br />County of Routt for a period of more than fifty -two
<br />weeks prior to the first publication of the annexed
<br />legal notice or advertisement; that said newspaper has
<br />been admitted to the United States mails as
<br />second -class matter under the provisions of the Act of
<br />March 3, 1879, or any amendments thereof, and that
<br />said newspaper is a daily newspaper duly qualified
<br />for publishing legal notices and advertisements within
<br />the meaning of the laws of the State of Colorado.
<br />That the annexed legal notice or advertisement was
<br />published in the regular and entire issue of every
<br />number of said daily newspaper for the period of 4
<br />consecutive insertions; and that the first publication
<br />of said notice was in the issue of said newspaper
<br />dated 6/9/2013, and that the last publication of said
<br />notice was in the issue of said newspaper dated
<br />6/30/2013. ^, /
<br />/a - (`,
<br />Subscribed and sworn to before me, a Notary Public in
<br />and for the County of Routt,
<br />State of Colorado
<br />the a day ofajjj A.D. „ B.
<br />a /
<br />r, a1
<br />1 I - �01
<br />No Public l
<br />My Appointment expires
<br />Customer #: 10009761
<br />Order #: 10337851
<br />Customer SENECA COAL COMPANY
<br />Name & PO BOX 670
<br />Address HAYDEN, CO 816390670
<br />Publication Charges S 974.64
<br />130(7) 4
<br />x.
<br />PUBLIC NOTICE
<br />Samoa Coal Company LLC (SCC), 37796
<br />Ro"it County Road 53, P O Box 670, Hay-
<br />den, Colorado 81639, is requesting partial
<br />release of Phase II bond liability (SL -5) on
<br />859 5 &.res of the 1,2902 disturbed acres
<br />within fix' permit boundary at the Seneca
<br />II -W Mine (CDRMS Permit No C -82 -057, ap-
<br />proved December 31, 1985) Pursuant to
<br />Ride 3.03 1, a permittee may request Phase
<br />II bond release upon establishment of vege-
<br />tation which supports the approved postmm-
<br />ing land use and meets the approved suc-
<br />cess standard for cover in accordance with
<br />the approved reclamation plan Only those
<br />areas where Phase I has been released are
<br />eligible tar Phase II release This Phase ll
<br />bond release application includes only areas
<br />where Pha- I bond has been previously re
<br />leased
<br />The CDRMS completed a review and evalua-
<br />tion of the. initial SL 2 Phase I bond release
<br />application in May 2010 and approved re-
<br />lease of 7219 acres (a ct dal survey
<br />7391act es) In March 2011, the CDRMS
<br />completed a review and evaluation of the
<br />SL -3 Phase I bond release application and
<br />approved release of another 412 35 acres.
<br />SCC submitted SL -4 Phase I bond release
<br />application in November 2012 that includes
<br />138 7 acre,, It is anticipated that review, in-
<br />spection, and release will be conducted in
<br />the surmner 012013 St 5 application (859 5
<br />acres not include any acreage re-
<br />quested in SL 4
<br />the Divi,wiis current calculated reclamation
<br />liability is $6,255,552 61 Seneca Coal Com-
<br />parry has posted a self bond (SB 004) with
<br />the CDRMS in that amount SCC is request
<br />mq rekma o of $3,280,502 1 his requested re-
<br />leasr ama includes 8595 acres topsoled
<br />and seeded between 1990 and 2005 and se-
<br />lect permanent roads Topsoil was replaced
<br />according to approved depths Vegetation
<br />sampling was conducted in 2012 to measure
<br />cover and diversity of the revegetated areas
<br />The mean allowable all -blt herbaceous vege-
<br />tation cover sampled In 2012 for the bond re-
<br />lease area was 24.8 percent, which exceeds
<br />the 23.4 percent required cover standard;
<br />thus demonstrating successful revegetation
<br />with respect to the cover standard
<br />Species Diversity and Composition met the
<br />following criteria
<br />Mandatory Test A, no single species
<br />comprise greater than 60% relative cover In
<br />the bond release area Test results show
<br />that the most abundant single species, west-
<br />ern wheatgrass, was 14 99% relative first -hit
<br />cover, well below the 60% threshold of con-
<br />cern Hence Mandatory Test A passed.
<br />' Alternative Test B, the Total Species
<br />Der>sity test Mean total species density in
<br />the bond release area = 26.46 species per
<br />100 sq. in Sincethe bond release area value
<br />was greater than the standard of 19.16, Al-
<br />ternative rest Bpassed
<br />HUJVr Ftj nlernative Test C. the similarity m-
<br />Q • • • • ° • • • tween the Idefonn species density
<br />,, ••• °.�v s�%)r the prescribed lifeforms for the
<br />• LSond r ase area and the Mean Species
<br />Q T A tare4 iy rCrea- weighted) in the 5 reference
<br />• 1Tare� "�s is S %, exceeding 90% of the stand-
<br />•
<br />ard•of S1. Hence Alternative Test C
<br />" °
<br />C`�� s
<br />pp��, 0,.
<br />• • ey�h
<br />r
<br />ooeoN
<br />ROB
<br />passed ,.,��•f�'
<br />Alternative T 1 e total rnmber
<br />of native species encountered in the first
<br />twenty -live samples of the bond release area
<br />that constituted an adequate cover sample
<br />was 58, substantially greater than the
<br />weighted reference area average species
<br />density of 23.8.
<br />The Seneca II -W Mine is located approxi-
<br />mately seven (7) miles south of the Town of
<br />Hayden, Colorado off of Roult County Road
<br />53. The USGS 7 5 Minute Quadrangle Maps
<br />of Hayden Gulch, Hayden, Dunckley, and Mt.
<br />Harris, contain tNe described permit area-
<br />The total permitted area is approximately
<br />3,878 5 acres The permitted disturbed area
<br />contains 1,2902 acres Surface ownership
<br />is predominately private, with right of entry
<br />based on a vanely of private leases, sub
<br />leases andeasements Thepermit areaalso
<br />iricludes limited areas of federal and state
<br />controlled surface
<br />T5N. R13M
<br />Section9, Portions of SEI,5NE /4,
<br />NEI4SEY4, and W /2NE4
<br />Section 10. S1 /2S1/2NW /a, SW' /4. SEY<,
<br />Port ons of S1 /zNE1/
<br />Section 11 Portions of S1/2S1/2SW /4
<br />Section 14 Portions of SW' /4, NW1 /4,
<br />and S1/2S1/2SE1/4
<br />Section 15• All
<br />Section 16. Portions of W /2NW /4,
<br />SE14 NWA, NEIASW / , and SE1 /4
<br />Section 21 Portions of E1i2NEYr
<br />Section 22 NW14, NE14, N1 /2SE1 /4
<br />SW14SE /4, Portions of N/2SW/, and
<br />SW14SE1/4
<br />Sect ton 23, NW' /,, SWY4, W1/2E'/2, and
<br />W1/2 E112 E 11
<br />Section 26. WY2, W /zE1 /z, and Portions
<br />of WW /zE%zNE14 and W /2E%2SE1/
<br />Section 27 E/2
<br />Section 34 NE1/4, N 1/2SE14, and Per
<br />hors of N 1/2S1hSE1/a
<br />Section 35 NW1A, Wv2NE1 /4, N'/?SW/
<br />and Portions of N /zS/zSW / ,
<br />NW/SEY:, NW1 /4SW1 /4SE1 /4, NNPi+NE14SE'A,
<br />and W1 /2EY2NE1/4
<br />All located west of the 6th Principal Meridian,
<br />totaling 3,878 5 acres.
<br />A copy of the SL -5 Bond Release application
<br />Is available for public inspection at the Sage
<br />Creek Coal Company office, 36660 RCR 27,
<br />Hayden, Colorado 81639 Written comments
<br />or objections or requests for public hearing
<br />or informal conference concerning this appli-
<br />cation may be submitted to, and additional
<br />information obtained from, the Colorado Di-
<br />vision of Reclamation, Mining and Safety,
<br />1313 Sherman Street, Room 215, Denver,
<br />Colorado 80203-2273, (303) 866 -3567.
<br />Comments must be received within 30 days
<br />of the last publication of this notice or within
<br />30 days of the onsite inspection, whichever
<br />is later
<br />Published in the Steamboat Pilot & Today
<br />First publication date. June 9, 2013
<br />Final publication date June 30, 2013
<br />10337851
<br />160"
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