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<br />AFFIDAVIT <br />I Harold E. Clare II affirm that the following statement is true to the best of my <br />knowledge. <br />In the mid 1960's a dam, based on U. S. Soil Conservation specifications, was <br />built across Twin Creek in the NE %4 SW 1/4, Section 1, Township 13 South, Range 71 <br />West of the 6`h P.M., Teller County, Colorado. It held water at full capacity until the <br />early 1970's when a flood washed out the spillway in the right abutment of the dam, <br />leaving a pool depth of approximately two feet. The dam was never repaired but the pool <br />which covered approximately 40% of the area to be mined of sand and gravel has existed <br />since the flood. <br />Harold E. Clare II