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??1VED
<br />AFFIDAVIT OF PUBLICATION
<br />R
<br />2Q1" DAiLy RECORD
<br />piyision o? and Sa eW
<br />pJtinin9
<br />State of Colorado
<br />County of Fremont
<br />I, the undersigned agent, do solemnly swear that the
<br />CANON CITY DAILY RECORD is a daily newspaper
<br />printed, in whole or in part, and published in the City of
<br />Canon City, County of Fremont, State of Colorado, and
<br />which has general circulation therein and in parts of
<br />Fremont, Park and Chaffee Counties; that said newspaper
<br />has been continuously and uninterruptedly published for a
<br />period of more than six months next prior to the first
<br />publication of the annexed legal notice of advertisement,
<br />that said newspaper has been admitted to the United States
<br />mails as second-class matter under the provisions of the Act
<br />of March 3, 1879, or any amendments thereof, and that said
<br />newspaper is a daily newspaper duly qualified for
<br />publishing legal notices and advertisement within the
<br />meaning of the laws of the State of Colorado; that a copy of
<br />each number of said newspaper, in which said notice of
<br />advertisement was published, was transmitted' by mail. or
<br />carrier to each of the subscribers of said newspaper,
<br />according to the accustomed mode of business in this office.
<br />That the annexed legal notice or advertisement was
<br />published in the regular and entire edition of said daily
<br />newspaper once each week on the same day of each week for
<br />the period of 2 consecutive insertions; and that the
<br />first publication of said notice was in the issue of said
<br />newspaper dated January 12 , 2010 , and that
<br />the last publication of said notice was in the issue of said
<br />newspaper dated January 19 , 2010
<br />
<br />Agent
<br />Subscribed and sw rn o before me this 19th day of
<br />January 2010
<br />FEE $ 102.52
<br />Notice of Proposed Decision
<br />The Colorado Division of Reclamation, Mining and Safety
<br />has issued a proposed decision to approve Bond Release
<br />Application No. 2 (SL--2) for the Twin Pines No. 2, Permit
<br />No. C-1983-058. TheTwin Pines No. 2 Mine is a permit
<br />revocation/bond-revoked site. The permit area under
<br />consideration for termination of jurisdiction and final lia-
<br />bility release is 120 acres of which 13.2 acres was dis-
<br />turbed and subsequently reclaimed. This termination of
<br />jurisdiction process was initiated 6y the Division follow-
<br />ing completion of the required minimum ten-year liability
<br />period for reclamation and revegetation of the disturbed
<br />area including two years of vegetation sampling at the
<br />site. _
<br />Two separate reclaimed areas are included in thisTOJ
<br />process. The portal area site and coal sales yard are both
<br />located about two miles southwest of the town of Rock-
<br />vale in Fremont County. The portal area is located in the
<br />SE1/4 NW1/4 of Section 2,T20S R70W of the Sixth Princi-
<br />pal Meridian.The coal sales yard is located in the SW1/4
<br />NW1/4 of Section 1,T20S R70W of the Sixth Principle
<br />Meridian.
<br />A total of 13.2 acres were disturbed at the Twin Pines No.
<br />2 Mine within a permit area of 120 acres. At the portal
<br />area, 7.6 were disturbed and reclaimed and 5.6 acres at
<br />the coal sales yard were disturbed and reclaimed. This
<br />TOJ written finding is for all 13.2 reclaimed acres within
<br />the 120 acre permit area and also includes any land areas
<br />overlying the underground workings of the Twin Pines
<br />No. 2 Mine.
<br />TheTwin Pines No. 2 Mine was permitted and owned by
<br />Twin Pines Investment, LP (TP0. The operation mined
<br />private coal on privately-owned surface. The permit was
<br />issued effective January 24, 1984 and a bond was sub-
<br />mitted in the form of a certificate of deposit in the
<br />amount of $54,130.00. The mine ceased operations in
<br />July 1993 due to the loss of a coal contract and on
<br />August 20, 1993,TPI notified the Division that the mine
<br />was officially closed and reclamation operations would
<br />begin.. Reclamation activities included sealing the portals,
<br />removing all surface facilities, backfilling and grading,
<br />redistributing topsoil, and reseeding of the disturbed
<br />areas. On April 9, 1996, the Division issued two Notices
<br />of Violation (NOV) toTPI and on April 16, 1996, the Divi-
<br />sion issued a Cessation Order for failure to abate the pre-
<br />viously issued NOV's. On April 16, 1996, the Division
<br />issued an Order to Show Cause Why Permit Should Not
<br />Be Revoked. On April 29, 1996,TPI requested a review of
<br />the Show Cause Order in front of the Mined Land Recla-
<br />mation Board. On May 29, 1996, the Board held a formal
<br />public hearing and subsequently ordered that the permit
<br />be revoked and that the reclamation bond, in the amount
<br />of $22,660.00, be forfeited to the Division to complete
<br />remaining reclamation at the site. ..
<br />Periodic Division-field inspection has identified no signifi-
<br />can;_on-the-groundissues?agd-finarinspection.indicated
<br />the site is in excellent condition. The post-minmg land
<br />use of rangeland has been achieved, with a self-sustain-
<br />ing mix of grasses and forbs well established as demon-
<br />strated by results of two years of vegetation sampling.
<br />Actual use of the reclaimed area for cattle grazing has
<br />been demonstrated and observed during the later years
<br />of the revegetation period.The site presents no hazards
<br />to public health and safety.
<br />Copies of the proposed decision are available for review
<br />at the Colorado Division of Reclamation, Mining and
<br />Safety office, 1313 Sherman Street, Room 215, Denver,
<br />Colorado 80203, and at the office of the Fremont County
<br />Clerk and Recorder.
<br />Any person who has an interest which is or may be
<br />adversely affected may request an adjudicatory hearing
<br />regarding this proposed decision. Requests for a hearing
<br />must be made in writing within thirty (30) days of the
<br />first publication of this notice, and shall state with rea-
<br />sonable specificity the reasons for the request and objec-
<br />tions to the proposed decision.
<br />1st Publication: January 12, 2010
<br />2nd Publication: January 19, 2010
<br />Canon City Daily Record
<br />W COA1MMM EXPIRES 07117012
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