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STATE OF COLORADO <br />COUNTY OF Otero <br />DEEP CUT LLC <br />20330 County Road CC <br />Rocky Ford: CO 81067 <br />(719) 469-5455 <br />AFFIDAVIT <br />Christopher B. Tomky, as the owner of Deep Cut LLC. , being <br />first~ duly sworn, deposes and says that the material to be <br />imported into the mining operation known as the 22 West Pit, will <br />be inert material as defined in Mined Land Reclamation Board rule <br />1.1(20) listed below. At no time will material that does not <br />meet this definition be imported to this site. <br />M.L.R.B. Rule 1.1(20) <br />"Inert Material" means non-watersoluable and non- <br />putrescible solids together with such minor amounts and <br />types of materials, unless such materials are acid or <br />toxic producing, as will not significantly affect the <br />inert nature of such solids. Terms included, but not <br />limited to, earth, sand, gravel, rock, concrete which <br />has been in a hardened state for at least sixty days, <br />masonry, asphalt paving fragm"ander inert <br />solids. <br />*BTom:�ky <br />SUBSCRIBED a d sworn to before me this l <br />day of , 2016 by Christopher B. Tomky, <br />as the Ownfir of Deep Cut LLC. <br />TONI JO PULLARA <br />NOTARY PUBLIC <br />STATE OF COLORADO <br />WM NO04605 <br />S R� O ftO .- IZUAR <br />OIaEX bUAfiY f1, 2D18 <br />IVary Public <br />