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DELTA COUNTY <br />INDEPENDENT <br />STATE OF COLORADO <br />COUNTY OF DELTA <br />401 Meeker St. <br />P.O. Box 809 <br />Delta, CO 81416 <br />AFFIDAVIT OF PUBLICATION <br />}SS. <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 <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 tender 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 adver- <br />tisement was published in the regular and entire issue of every <br />number of said weekly newspaper for the period of one con- <br />secutive insertion; that the first publication of said notice was in <br />the issue of said newspaper dated Jan. 11th, A.D., 2012, and <br />that the last publication of said notice was in the issue of <br />said newspaper dated Jan. 11th, A.D., 2012. <br />In witness whereof I have hereunto set my hand this <br />11th day of Jan., A.D., 2012. <br />General manager of said Delta County Independent <br />Subscribed and sworn before me, a Notary Public in and for the <br />County of Delta, State of Colorado, this 11 th day of Jan. A.D., <br />2012. <br />K- Kaft NSUL <br />Notary Public <br />My commission expires 12/24/2013 <br />900 Cypress Wood Lane <br />Delta. CO 81416 <br />Recov <br />SA N 1 1 ?01? <br />NOTICE OF PROPOSED DECISION <br />The Colorado Division of Reclama- <br />tion, Mining and Safety proposes <br />to Approve Technical Revision <br />Application No. 29 (TR -29) for the <br />Bear Mine (Permit No. C- 1981 -033), <br />submitted by Bear Coal Company, <br />Inc.. In Technical Revision No. 29, <br />the Bear Coal Company is propos- <br />ing to construct a 12 inch diameter, <br />300 foot long pipeline at the Bear <br />No. 3 Mine that will divert the hill- <br />side spring water from the treat- <br />ment pond and discharge directly <br />into the North Fork of the Gunni- <br />son River. The diversion cannot be <br />implemented until the CDPHE ap- <br />proves the direct discharge into the <br />river and revises the NPDES permit <br />accordingly. <br />The Bear Mine is an Underground <br />coal mine located in Gunnison <br />County, approximately 0 miles E of <br />Somerset, Colorado. Coal interest <br />is Federal, and the surface affected <br />is Federal and private land. The <br />permit area encompasses approxi- <br />mately 1,108.40 acres. <br />This proposed decision is based <br />on a finding that the proposed <br />operation will comply with all re- <br />quirements of the Colorado Sur- <br />face Coal Mining Reclamation Act, <br />Section 34 -33 -101, at seq., C.R.S., <br />and the regulations promulgated <br />there under <br />Copies of the proposed decision, <br />including stipulations, are on file <br />for public inspection at the Colo- <br />rado Division of Reclamation, Min- <br />ing and Safety, Room 215, Centen- <br />nial Building, 1313 Sherman Street, <br />Denver, Colorado 80203. Persons <br />with an interest that May be ad- <br />versely affected by the proposed <br />decision may request a formal <br />hearing before the Mined Land <br />Reclamation Board on the pro- <br />posed decision. Such request must <br />be made within ten (10) days of the <br />initial publication of this notice, <br />must be in writing, and must state <br />with reasonable specificity the rea- <br />sons for the request and the objec- <br />tions to the proposed decision. <br />Published in the Delta County <br />Independent January 11, 2012. <br />