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.~, -=~~. Delta County ndependent ...wtt.'2'.2'.am' .....n.a ~.~ :..: .. e.. btii S' .aa .a 401 Meeker St. P.O. Box 809 Delta, CO 81416 AFFIDAVIT OF RECEIVED MAY 17 2004 Division of Miner '~ -~ ^ STATE OF COLORADO COUN11' OF DELTA - ss. -__ _ _ _ __ _ __ _ _ I, Randal Sunderland, do solemnly swear that I am managing editor of the Delta County Independent: that the same is a weekly newspaper printed, in whole or in part, and published in the County of Delta, State of Colorado, continuously and uninterruptedly in said County of Delta for a period of more than fifty-two consecutive 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, and all amendments thereof, and that said newspaper is a weekly newspaper duly qualified (or publishing legal notices and advertisements within the meaning of the laws of the State of Colorado; that the annexed legal notice or adver- tisement was published in the regular and entire issue of every number of said weekly newspaper for the period of one consecutive insertion; that the first publication of said notice was in the issue of said newspaper dated May 12th, A.D., 2004, and that the last publication of said notice was in the issue of said newspaper dated May 12th, A.D., 2004. In witness whereof I have hereunto set my hand this 12th day of May, A.D., 2004. ~ ~aa~3 ~ x-'31 NOTICE OF PROPOSED DECISION The Colorado Division of Minerals antl Geology proposes to Approve with Conditions Technical Revision Applicafion NO. 31 (TR-31) lOr Ne . Bowie No. 2 Mine (Permit No. C- 1996~083), submitted by Bowie Resources Limited. In Technical Revision No. 31, Bowie Resources Limiletl (BRL) is proposing to madiry both the D coal seam mine plan end the B oval seam mine plan in order ro inrorporate en extension of Federal Coal lease COG61209. BRL is proposing to eMend one D-seam longwall panel 1300 feel to me south- west 9¢tl to atltl additional bleatler entries to one B-seam longwall panel. Bath proposed mine plan changes reg0ire Ne atltlition of 48.6 aces to the permit area. BRL is also propos- ing to lake ou10.] acres Irom ma per- rttil area aLNe_weat,e~+ ^yhn 't (rein batlout. The Bowie No. 2 Mine is an untler- ground coal mine locatetl in Dena County, approximately 5 miles north- ' east of Paonia, Coloretlo. Coalinter- est is Fetleral antl private, antl Ne surtace atlectetl is Fetlerel antl pri- vate land. The permit area encom- passes approximately 5,0]6.00 acres. This proposetl tledsion Is basetl on a finding that the proposetl operation will comply with all reWirements of the Coloretlo Surtace Coal Mining ReGamation Act, Section 34-33-101, of seq.. C.R.S., antl Me regulations promulgatetl Hereunder. Copies of the proposetl decision, indutling stipulations, are on lile for public inspenion at Me Colorado Division of Miderols antl Geology, Room 215, Centennial Building, 1313 Sherman Street, Denver Colorado 80203. Persons with en interest tllel may be atlversely erected by th0 pro posed decision may request a formal hearing belore the Minetl Lantl Reclamatbn Board on the proposed decision. Such request must be made within ten (10) nays of the initial publication of this notice. must be in writing, antl must state wiN reason- able specificity the reasons for the request era the oblecgons to the pro- posed decison. Publishetl in the Delta County InOependenl May 12,2004. - -- General manager of said Delta Colutty Independent. Subscribed and sworn before me, a Notary Public in and for the County of Delta, ;~ ~ State of Colorado, this 12th day of May. A.D., 2004. -- -~,fary ~ -ic Q ~ .- . -My commission expires 12/ 17/2005 900 Cypress Wood bane, Delta, CO 81416