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ALBERT FREI & SONS <br />P.O. BOX 700 <br />HENDERSON, CO 80640 <br />(303) 289-1837 <br />(303) 289-2865 FAX <br /> <br />STATE OF COLORADO <br />COUNTY OF ADAMS <br />ss <br />AFFIDAVIT <br />BEN FREI, being first duly sworn upon oath, deposes and <br />says: <br />1. He is the Secretary of Albert Frei and Sons; Inc., a <br />Colorado Corporation, and is empowered to act for and on behalf <br />of said corporation in all respects in connection with any <br />applications, petitions, contracts, correspondence, bonds or <br />activities with or before the Colorado Mined Land Reclamation <br />Board under the provisions of the Colorado Mined Land Reclamation <br />Act. <br />2. That all material imported into the mine known as the <br />Priola Pit, M-2007-0875 will be clean and inert material as <br />defined in Rule 1.1(20) and required by the Mined Land Reclama- <br />tion Act. <br />Ben Frei <br />SUBSCRIBED and sworn to before me this l s ?? , day of <br />KG , 2008 by Ben Frei, as Secretary of <br />Albeit Frei and Sons, Inc. <br />Notary Publi c <br />(notarial seal) <br />My commission expires: <br />,?C? 3l-cG7