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.~_ <br />R <br />• III III IIIIIIIIII III • <br />Rece1Ved <br />State of Colorado ) <br />county of Mesa ) ss ~ APR 2 9 1998 AFF/DAVIT <br />DEFINER O~FICE RECEIVED <br />PUBLIC FILE COPY ~N%S~ or`ti°„~~ a ~o~~ MAY 0 4 19gg <br />FILE: M-~?`~Zq DiNSionar~inera>kaceabp~ <br />SITE: 1t'~tu~tr 5~ P: f <br />poc .on • c~ <br />Edward M. Gardner as Vice President of Whitewater Building <br />Materials Corp., being first duly sworn, deposes and says that <br />the material to be imported into the mining operation known as <br />the Whitewater Building Materials Corp., Pit 500 is inert mate- <br />rial as defined in Mined Land Reclamation Board rule 1.1(20) <br />listed below. At no time will material that does not meet this <br />definition be used as fill on 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 fragments and other inert <br />solids. <br />EC~IV D <br />APR 19 8 ~ _ <br />~- <br />>;dw M. Gardner <br />Divisa f Minerals eulogy <br />Subscribed and sworn before this g'7 day <br />of /Lfyu./ ,1998, by Edward M. Gardner <br />as Vice President of Whitewater Building <br />Materials Corp. <br />(seal) Notary Public <br />My Commission expires a ~ - 9 <br />