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III IIIIIIIIIIIIIIII <br />999 <br />AFFIDAVIT OF DENNIS P. CONN CCT j ~ ~99~ <br />Cirig;;, . <br />I, DENNIS P. CONN, being duly sworn, do testify and aver as follows: ~ ~ ~ ~ ~=~,~~ <br />1. I was the Environmental Supervisor for Mountain Coal Company's West <br />Elk Mine from 1985 to 1989. <br />2. During my tenure in that position, I worked with the State of Colorado <br />Mined Land Reclamation Diversion lnow the Division of Minerals and <br />Geology) to permit the coal refuse pile at the West Elk Mine. <br />3. In the course of that permitting process, I had several conversations with <br />the Division concerning whether roads associated with the refuse pile <br />should be considered light use roads. <br />4. The Division and the West Elk Mine agreed that the area including the <br />coal refuse pile was a disturbed area under continual construction, and <br />therefore all roads associated with the refuse pile should be considered <br />construction roads and not light use roads. At least in part because of <br />this understanding between the West Elk Mine and the Division, the <br />permit for the West Elk Mine states that there are no light use roads at <br />the mine. <br />Further Affiant Sayeth Not. <br />./,/~ //~ <br />Dennis P. Conn <br />STATE OF COLORADO ) <br />ss. <br />CITY & COUNTY OF DENVER ) <br />On 13th day of October, 1993, before me, personally appeared,Dennis P. Conn, <br />known to me to be the person whose name is subscribed to the within instrument and <br />acknowledged that he executed the same for the purposes therein contained. <br />In witness whereof, I hereunto set my hand and official seal. <br />Cw' <br />N ary Public <br />My commission exoires• <br />My commission expires: <br />December 30.1995. <br />