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K.. <br /> <br />Delta County <br />ndependent <br />401 Meeker St. <br />P.O. 13ox 809 <br />Delta, CO 81416 <br />AFFIDAVIT OF PUBLICATION <br />STATE OF COLORADO <br />-COUNTY OF DELTA -' ° ss. _ _- _ _ <br />-re-3~ <br />J J 1~ <br />REC~~~,F~® <br />DEC 1 ~ 2004 <br />Division of Minerals and Geology <br />I, Randal Sunderland, do solemnly swear that I am managing <br />editor of the Delta County Independent that the same is a weekly <br />newspaper printed, in whole or in part, and published in the County <br />of Delta, State of Colorado, continuously and uninterruptedly in said <br />County of Delta for a period of more than fifty-two consecutive weeks <br />prior to the first publication of the annexed legal notice or <br />advertisement that said newspaper has been admitted to the United <br />States mails as second-class matter under the provisions of the Act <br />of March 3, 1879, and all amendments thereof, and that said <br />newspaper is a weekly newspaper duly qualified for publishing legal <br />notices and advertisements within the meaning of the laws of the <br />State of Colorado; that the annexed legal notice or adver- <br />tisement was published in the regular and entire issue of every <br />number of said weekly newspaper for the period of one consecutive <br />insertion; that the first publication of said notice was in <br />the issue of said newspaper dated December 8th, A.D., 2004, and <br />that the last publication of said notice was in the issue of <br />said newspaper dated December 8th, A.D., 2004. <br />[n witness whereof I have hereunto set my hand this <br />8th day oC December. A.D., 2004. i_ <br />General manager of said <br />Delta County !ndependent. <br />Subscribed and sworn before me, a Notary <br />Public in and for the County of Delta, <br />;~,~~ State of Colorado, this 8th day of December. <br />- ~ A.D., 2004. ~nI ( ~ <br />OAT-taffy Pu IiC <br />'My commission expires 12/ 17/2005 <br />900 Cypress Wood lane, Delta, CO 81416 <br />NOTICE OF PROPOSED <br />DECISION <br />Tha Colorado Division of Minerals <br />antl Geology proposes to Approve <br />Technical -Revision Applicatbn No. <br />36 (TR-36) for the Bowie No. 2 Mine <br />(Permit No. C-1996-083), submit- <br />ted by Bowie Resources, LLC. In <br />Technical Revision No. 36, Bowie' <br />Resources LlmRed (BflL) is propos- <br />ing to revise the S'-Seam Mine plan <br />for the Rowie No, 2 Mini. This sub- <br />mMal is in response 4o Stipulation <br />No. 18, in which the Division(egbiretl <br />BAL to o0tlb0[a stud oftryeyoten- <br />tial rc0~fa)t sJtu~ttyQ~pelolat-,, they <br />mjgeg,l~ m ~ ~ i, r .rtS~if~v <br />~a.me <br />e~ ~ <br />motor changes. Panel adentation in ' - _ " -"' " " <br />the north was changetl to run roughty <br />earl-west rather than north-south. <br />Also, mining was extendetl further <br />to.the north. Mining woultl be in <br />both private coal antl in fetleral coal <br />managetl by the Bureau of Land <br />Management. The right td enter into <br />the &seam of the federal coal was <br />previously'epproveUth[pugh.Fadalai- <br />Coal Lease COC-61209. TheSU~}e'; <br />above the coal to be minetl is~b ~ C~ <br />or managetl by Rowie.ReSOUrces, <br />the Bureau 01. Lentl .Management <br />and the USDA Forest Service. All of <br />the proposedm+nin§iswiltdn the wr- <br />rently approved permit bountlary No <br />increase in the coal mining produc- <br />tion rate or water usage at the mine <br />is proposed in this revision. <br />The Bowie No. 2 Mine is an untler- <br />grountl coal mine locatetl in Delta <br />County, approximately 5 miles <br />northeast of Paohia, Colorado. Coal <br />interest is Fetleral and private, antl <br />the surface affected is Federal and <br />private land. The permit area encom- <br />passes approximately 5,124.60 <br />ac.¢a. <br />This prgposetl tlecision is basetl on <br />a fintling that the proposed operation <br />will pomply with, a6 requirements of <br />the'Colorado Sudace Coal Minin9- <br />Reblamation Act, Seatiod 34-33-101 <br />et sPq.,.O.P.S~ )en ~~y~;a ° '1104 <br />ry,(o u4 <br />' f4induding stipulations, are on 1 e or <br />public inspection at the Colorado <br />Division of Minerals antl Geology, <br />Room 215, Centennial Building, 1313 <br />Sherman Street, Denver, Coloado <br />30203. Persons with an interest that <br />may, be atlversely~aff@'ct9d by the <br />proposed tlecisidtg~ mag'NCquast a <br />formal Iteaiipg b¢fo4B ihe. t.~lne <br />Land Reclamation aoertlr0n the Ord- <br />posed decision: Such request most' <br />Pe' made villhln ten (50) days of the <br />initialpbblicetion of this notice, mUSt <br />~ba yin wrillhg, antl most state with <br />' re>sonA(lle specificity the reasons for <br />theh2~'dsQandlhe objections to the <br />pro~~TMgetllyl2cision. <br />P1TbYisl3etl in the DeItA County . <br />Iptl¢pe~fl~nt December B, 2004 <br />