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District Court, Las Animas County, Colorado <br />Court Address: <br />200 E. First Street, Room 304, Trinidad, CO 810$2 <br />Court Phone: 719-846-3316 <br />Plaintiff: <br />JOHN E. TOUPAL <br />vs. <br />Defendant: • COURT USE ONLY <br />BASIN RESOURCES, INC. <br />Attorney for Plaintiff: Case Number: Ol CV 30 <br />Dennis Michael Malone, Esq. <br />Dennis Michael Malone, P.C. <br />100 E. Main Street, Suite 209 <br />Trinidad, Colorado 81082-2789 <br />Phone #: 719-846-4428 Fax #: 719-846-7917 <br />Att . Re . #: 5645 e-mail: dmmalone@rmi.net <br />AFFIDAVIT OF KENT A. GORHAM <br />1. My name is Kent A. Gorham. <br />2. I am employed by the Colorado Department of Natural Resources, Division of <br />Minerals and Geology (DMG), as an Environmental Protection Specialist, with assigned <br />responsibilities for permitting and inspection of the Golden Eagle, New Elk, and Lorencito <br />sites, as required by the rules governing coal mining in Colorado.. <br />3. In the normal course of my duties I have access to the public file concerning the <br />permitting history of the New Elk Mine since the closure of the Golden Eagle Mine in <br />December of 1995. The source of the facts contained in this affidavit is the public file. <br />4. The current permittee of the New Elk mine is Picketwire Processing, LLC. The <br />transfer of permit #C-81-012 (the New Elk permit) from Basin Resources Inc. to Picketwire <br />Processing LLC became final on May 22, 1997 as a result of permitting action Succession of <br />Operator #2 (SO-02). <br />5. The Golden Eagle Mine ceased coal production in late December 1995. During the <br />life of the operation, coal was transported by truck to the New Elk Mine site, where it was <br />processed in the preparation plant and loaded to unit trains for shipment to market. <br />Following cessation of mining at the Golden Eagle mine, remaining coal stockpiles were <br />