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Legal – Public Notice of Intent to Enter to Conduct Reclamation Activities

June 24, 2008

PUBLIC NOTICE OF INTENT TO ENTER TO CONDUCT RECLAMATION ACTIVITIES (Abandoned Mine Land Program) IN THE MATTER OF: MONTGOMERY COUNTY PORTALS PROJECT TO WHOM IT MAY CONCERN:The Department of Mines, Minerals, and Energy, Division of Mined Land Reclamation, of the Commonwealth of Virginia, pursuant to the authority granted in the Virginia Coal Surface Mining Control and Reclamation Act of 1979 (Chapter 19, Article 4, Section 45.1-260 et seq.,) with funding provided by the 2006 Consolidated Grant, has determined and found that:Land located at two separate sites in Montgomery County, Virginia has been adversely affected by past coal mining practices. Site One is located approximately 5 miles from Blacksburg off State Route 655 near the Mt. Zion community in Bobcat Lane; Site Two is located approximately 7.5 miles from Blacksburg off State Route 652 near the Wake Forest and McCoy communities. Both sites have been adversely affected, to wit: 1. Property owners, both known and unknown, are hereby notified of the Division’s intention to reclaim the area adversely affected by past coal mining practices. The purpose of this Notice is to provide notice to any landowners, heirs, assigns and devisees who may be affected by the proposed reclamation and who have not been identified and who have not granted written consent. 2. The public health, safety and property is endangered by: Open mine portals or steeply inclined mine entries; hazardous equipment and waste associated with mining activities; coal refuse; household debris and waste that has been dumped onsite. 3. The proposed action consists of:a) Construction, upgrading and maintenance of access roads as neededb) installation of one (1) permanent stream crossing and other temporary stream crossings as neededc) Closure of mine entriesd) Regrading and covering of refusee) Removal and/or proper disposal of hazardous equipment, facilities and debrisf) Revegetation of all areas disturbed as a result of these activitiesg) Implementation of erosion and sediment control measures as needed 4. Known property owner(s) in the area of the proposed reclamation are:Site One: Stephen Todd Hughes (Access Only), Charlotte J. Surface(Access Only), Walter R. Pine (Access Only), Jimmie L. Price(Access Only), William Shad (Access Only), H. M. and Lucy Smith (Access Only), James Otey Hoge, Jr., Robin L. Spence, Trust, Site Two: Charles Edward Wampler (Access Only), E. 0. Shepherd (Access Only), Christopher W. and Lisa D. Keene Based upon the above findings, the Commonwealth of Virginia, acting by and through the Department of Mines, Minerals and Energy, Division of Mined Land Reclamation, its agents, employees and contractors, gives notice that 30 days from this Notice being published in The Roanoke Times, and posted on the property, the Division will initiate and continue until the proposed work on the Montgomery County Portals Project is complete, and shall do all things necessary and expedient to protect the public health, safety and general welfare. Such entry shall not be construed as an act of condemnation of property nor of trespass thereon.For further information contact the Division of Mined Land Reclamation at the above address, Attention: Garry Cole, Reclamation Inspector. The telephone number is (276) 5238195 or (276) 873 4542.DATE 6/12/08 BYBradley C. LambertDivision DirectorDepartment of Mines, Minerals and EnergyDivision of Mined Land Reclamation(10945928)

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