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Delta County <br />tndependent <br />0 <br />401 Meeker St. <br />P.O. Box 809 <br />Delta, CO 81416 <br />AFFIDAVIT OF PUBLICATION <br />STATE OF COLORADO <br />COUNTY OF DELTA Iss. <br />C.ed .?N <br />I, Randal Sunderland, do solemnly swear that I am publisher <br />of the Delta County Independent; that the same is a weekly news- <br />paper printed, in whole or in part, and published in the County <br />of Delta, State of Colorado, continuously and uninterruptedly in <br />said County of Delta for a period of more than fifty-two consecu- <br />tive weeks prior to the first publication of the annexed legal notice <br />or advertisement; that said newspaper has been admitted to the <br />United States mails as second-class matter under the provisions <br />of the Act of March 3, 1879, and all amendments thereof, and that <br />said newspaper is a weekly newspaper duly qualified for publish- <br />ing legal notices and advertisements within the meaning of the laws <br />of the State of Colorado; that the annexed legal notice or advertis- <br />ment was published in the regular and entire issue four con- <br />secutive insertions; that the first publication of said notice was in <br />the issue of said newspaper dated August 12th, A.D., 2009, <br />and that the last publication of said notice was in the issue of <br />said newspaper dated September 2nd, A.D., 2009. <br />In witness whereof I have hereunto set my hand this <br />2nd day of September, A.D., 2009. <br />General manager <br />of said <br />Delta County Independent. <br />Subscribed and sworn before me, a Notary <br />Public in and for the 2nd day of September, A.D., <br />2009. <br />Notary Public <br />My commission expires 12/24/2009 <br />900 Cypress Wood Lane, Delta, CO 81416 <br />PUBLIC NOTICE <br />Bear Coal Company, Inc., P.O. <br />Box 1754, Paonia, CO 8,1424 has <br />submitted an application for a phase <br />I bond release to the Division of <br />Reclamation Mining and Safety for its <br />mining permit No. C-1981-033. The <br />initial mining permit was approved <br />July 19, 1982. This permit action <br />will release up to $167,000 from <br />the. reclamation bond. The current <br />reclamation'bond value is $279,224 <br />and is in the form of two certificates <br />of deposit and one cash deposit in <br />the State Treasury. The area for <br />which phase I bond release is being <br />requested is abou) 7.5 acres at <br />the Bear No. 3 Mine Site located in <br />portions of Sections 8 and 17, T 13 S, <br />R 90 W, 6th P.M., south of the North <br />Fork of the Gunnison River. <br />The Bear No. 3 Mine operated from <br />1982 until November 9, 1996 when <br />mining ceased. The mine portals <br />were sealed on January 9, 1997, All <br />of the surface facilities have been <br />dismantled anc(' removed from the <br />Site. I?We'pdrtals .were jbaakiiled <br />and t198'portal area was restored <br />approximate original contour during <br />June and July 1997. The lower main <br />site was restored to approximate <br />original contour, plated with topsoil <br />and seeded during 1998. There is <br />one sediment pond and one passive <br />water treatment pond on site. <br />The Bear No: 3 Mine is located <br />immediately south and east of the <br />town of Somerset, CO. The North <br />Fork of the Gunnison River is located <br />north of the Mine. The mine permit <br />area is located on the U.S. Geological <br />Survey 7.5 minute Somerset <br />Quadrangle map within the following <br />sections. <br />Township 13, South Range 90 <br />West. 6th P.M. <br />Sections 8, 16, 17, 18, 20 and <br />21 <br />The approved Bear No. 3 Mine <br />permit area contains 1108.4 acres <br />of land, 1079.6 acres of private <br />surface and 28.8 acres of Federal <br />Surface. Private minerals within the <br />proposed permit area encompass <br />104.4 acres with Federal minerals <br />accounting.for the balance of 1004 <br />acres. The surface of the permit area <br />is owned by Bear Coal Company, <br />Oxbow Mining; LLC, Arch Coal <br />Company,D L H 2001 Family Trust, <br />and the U. S. Goverment which <br />owns approximately 28.8 acres of the <br />permitted land in Section 21. <br />A copy'bf the bond release application <br />is `hdJait <br />at the Gunnison County Clerk and <br />Recorder's office, 221 N. Wisconsin, <br />Suite C, Gunnison, CO, at the Paonia <br />Public Library, 140 Grand Avenue, <br />Paonia, CO, and at the offices of-the <br />Division of Reclamation Mining and <br />Safety, 9313 Sherman St., Room 215, <br />Denver, CO, 80209, (303) 866-3567. <br />Written comments or objections to <br />the proposed"release, and a request, <br />for a public hearing or informal <br />conference may be submitted to and <br />additional information obtained from <br />the Dlwsron'of R&dgm'timz! <br />and 5afeTy; 43Z.'A.J <br />Room 215, Denver, Co. 80203-2273, <br />phone (303) 866-3567. Comments, <br />objections or requests for a public <br />hearing or informal conference must <br />be made within thirty (30) days of <br />the last publication of this notice or <br />within 30 days of the completed bond <br />release inspection whichever is later. <br />Published in the Delta County <br />Independent: August 12, 19; 26 and <br />felftmber 2; 2009..