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_fir A 0 <br /> IN THE DISTRICT COURT <br /> IN AND FOR THE CITY AND COUNTY OF DENVER <br /> STATE OF COLORADO <br /> Civil Action No. 79-CV-1633 , Courtroom No. 8 <br /> THE EAGLE RIVER 1978 TRUST ) <br /> CHESTER M. GOLDMAN, Trustee, ) <br /> and OLIVE McCOLLUM GOLDMAN ) <br /> Trustee, ) <br /> Plaintiffs, ) <br /> ) <br /> VS. ) AFFIDAVIT OF <br /> HAMLET J. BARRY III <br /> THE BOARD OF MINED LAND ) <br /> RECLAMATION of the STATE ) <br /> OF COLORADO, NOTTINGHAM ) <br /> SAND AND GRAVEL COMPANY ) <br /> and Individually WILLIAM ) <br /> E. NOTTINGHAM, JR. , ) <br /> Defendants. ) <br /> STATE OF COLORADO ) <br /> ss. <br /> CITY AND COUNTY OF DENVER ) <br /> Affiant, being of lawful age and duly sworn, <br /> states as follows: <br /> 1. My name is Hamlet J. Barry III. <br /> 2 . I am presently the Director of the Mined Land <br /> Reclamation Division and have held that position since Sep=- <br /> te ber 1978. As Director, my duties involve overall super- <br /> vision of the Mined Land Reclamation Division, which is <br /> part of the Colorado Department of Natural Resources. The <br /> primary function of the Division is to assist the Mined Land <br /> Reclamation Board in the performance of the Board' s duties <br /> under the Mined Land Reclamation Act. <br /> 3. Mr. Mark Heifner, a member of the Division <br /> staff had full responsibility for reviewing and evaluating <br /> the permit application of Nottingham Sand and Gravel Company <br /> for the Eagle Pit operation. The Nottingham Sand and Gravel <br /> application was considered by the Board during their March <br /> 1, 1979 monthly meeting. <br /> 4 . That portion of the monthly Board meetings <br /> concerning permit applications is conducted as an informal <br />