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AFFIDAVIT OF PUBLICATION STEAMBOAT PILOT & TODAY STATE OF COLORADO COUNTY OF ROUTT I, K. Crimmins, do solemnly swear that I am Legal Notice Representative of theSteamboat Pilot & Today, that the same is a daily newspaper printed, in whole or in part, and published in the County of Routt, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Routt 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 daily 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 issue of every number of said daily newspaper for the period of 4 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7/21/2013, and that the last publication of said notice was in the issue of said newspaper dated 8/11/2013. Subscribed and sworn to before me, a Notary Public in and for the County of Routt, State of Colorado the day of A.D.M. NRkry Public Customer #: 10031136 Order #: 10342511 Customer PEABODY ENERGY - SAGE CREEK Name & 36600 RCR 27 Address HAYDEN, CO 81639 13082 -4 PUBLIC NOTICE Peabody Sage Creek Mining LLC, 36600 Routt County Road 27, P.O. Box 670, Hay- den, Colorado 81639, (CDMG Permit No. C -2009 -087, approved June 8, 2010) is re- questing release of bond liability on 688 re- claimed acres of Pre -Law area currently within the permit boundary at the Peabody Sage Creek Mine (PSCM). The specific area (68.8 acres) to which this bond release re- quest applies is included within the PSCM Permit Area. The mine permit area encompassing ap- proximately 10,164 acres, is located approxi- mately nine miles south of the Town of Hay- den, Colorado, off Routt County Road 27. The general legal description for lards within the PSCM permit area are located in Town- ship 5 North, Range 87 West, all or portions of Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, and 22; and Township 6 North, Range 87 West, all or portions of Sec- tions 27, 28, 29, 32, 33, 34, 35, and 36: All west of the 6th Principal Meridian, totaling approximately 10,164 acres. The actual bond release area (68.8 acres) is situated in Section 35, T6N, R87W. The USGS 7.5 Min- LAO Quadrangle Maps for Milner and Mt. Har- ris contain the described affected area A surety bond in the amount of $285,484 is currently in place of which the entire amount s being requested for release. The ap- proved reclamation plan can be reviewed in its entirety in the Peabody Sage Creek Mine Permit Application Package located in the Peabody Sage Creek Mine office, 36600 Routt County Road 27, Hayden, Colorado. All affected lands within PSCM permit area fall within pre -law, interim program and per- manent program categories. The regulatory programs are identified as follows: Mired prior to August 3, 1977. (Pre -Law) Mired and reclaimed after August 3, 1977 and prior to May 3, 1978. Mired and reclaimed after May 3, 1978 and prior to the approval oftheap plicable regulatory program or issuance ofthe permanent program permit (September 23, 1981). (Interim Program) Mined and reclaimed after Septem bar 23, 1981. (Permanent Program) quest, only 68.8 acres originally mined by Seneca Coal Company prior to August 3, 1977 (Pre -Law) are included. The Colorado Division of Reclamation, Mining and Safety previously released total liability on 257.7 ac- res of adjacent pre -law lards on January 16, 2008. The 68.8 acres requested for release are now contained within the PSCM permit area. The following is a brief summary of the Pre -Law area reclamation that was com- pleted. Backfilling and grading was con - duoted beginning in 1972 and was com- pleted prior to August 3, 1977. The majority of the grading work was performed with dozers and motor graders. In some cases grading was done with scrapers and drag - lines. All areas affected by the surface min- ing operations, except as specifically ex- empted by the Colorado Division of Recta- Publication Charges $ 712.68 HOLLY HUNTER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054092733 MY COMMISSION EXPIRES 08119=17 mation, Minting and Safety, were regraded on a timely basis to a stable configuration that conformed with the approved reclamation plan and postmining land use (livestock graz- ing and wildlife habitat). A copy of the SL -2 Pre -Law Bond Release application is available for public inspection at the Hayden Public Library, 201 E. Jeffer- son Avenue, Hayden, Colorado 81639. Writ- ten comments or objections or requests for public hearing or informal conference con- canning this application may be submitted to, and additional information obtained from, the Colorado Division of Reclamation, Minting and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203-2273, (303) 866 -3567. Comments must be received within 30 days of the last publication of this notice or within 30 days of the onsite inspec- tion, whichever is later. The mailing address for Peabody Sage Creek Mire is: Peabody Sage Creek Mine, Mr. Scott Cowman, Senior Environmental Spe- cialist, P.O. Box 250, Hayden, co 81639 Published in the Steamboat Pilot & Today First publication date: July 21, 2013 Final publication date: August 11, 2013 10342511