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<br />State of Colorado ) <br />ss. <br />County of Jefferson ) <br />AFFIDAVIT <br />Thomas Sharkey as President of Platte Sand & Gravel LLC, <br />being first duly sworn, deposes and says that the material to be <br />imported into the mining operation known as the Platte Sand & <br />Gravel LLC - S&H Mine is inert material as defined in Mined Land <br />Reclamation Board rule 1.1(20) listed below. At no time will <br />material that does not meet this definition be used as fill on <br />this site. <br />M.L.R.B. Rule 1.1(20) <br />"Inert Material" means non-watersoluble 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 fragments and other inert <br />solids. <br />By: T ma Shar <br />Subscribed and sworn before this ~ day <br />of M ancN- 2001, by Thomas Sharkey <br />as President of Platte Sand & Gravel LLC. <br />a~ ~ Deg ~C~ <br />NOTAq!' ~y <br />_(, eal Notary Public <br />puBl1C~ o~ <br />~_ ,~pQ• My Commission expires /B'OC7~~72- Z~a/ <br />