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August 15, 2014 <br />Mr. Peter Hays <br />State of Colorado <br />Division of Reclamation, Mining, & Safety <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />RE: Broken Arrow Investments, LLC, Derr Pit File No. M -2008 -017, Technical <br />Revision No. 3 — Off -Site Fill Affidavit <br />Mr. Hays: <br />Broken Arrow Investments, LLC is providing this letter to further address the <br />inspection that took place on July 11, 2014 and the inspection report regarding <br />backfilling and grading received by from you on July 22, 2014. J &T Consulting, Inc. <br />has provided a narrative for the use of the inert off -site fill in the mine operations. <br />Broken Arrow Investments, LLC is submitting this letter as our affidavit stating that <br />the off -site fill is inert. <br />Sincerely, <br />1 <br />Doug Derr, Manager <br />Broken Arrow Investments, LLC <br />The foregoing instrument was acknowledged before me this day of by, <br />Q �e'L as f %)C( k 2 A P h- <br />Notary Public It V <br />My Commission Expires: ze/y <br />F <br />TERRY Y KUNDERT <br />NOTARY PUBLIC <br />STATE OF COLORADO / <br />My CommissionExp�res6if0. 0.0 <br />Broken Arrow Investments, LLC 699 North I" Avenue Greeley, Colorado 80631 <br />