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AFFIDAVIT REGARDING USE OF INERT FILL <br />STATE OF COLORADO ) <br />) ss. <br />CITY AND COUNTY OF DENVER ) <br />John H. Bambei, Jr., Chief of Engineering for the Denver Water Department, <br />Permittee, being first duly sworn, states as follows: <br />This Affidavit is provided in accordance with Rule 3.1.5(a) of the Mineral Rules <br />and Regulations of the Colorado Mined Land Reclamation Board. <br />The York Street Mine, M- 1990 -031, is in the process of final improvements for <br />long term use for water storage purposes. Current reclamation activities require <br />importation of fill material necessary to construct a storm water diversion facility to carry <br />storm water away from the reservoir along the reservoir's west side and for the reservoir <br />access road. <br />The material which is being imported to the site is more fully described in the <br />attached letter from Jessica Barbier, Project Engineer, dated December 9, 2009. The <br />materials which are to be imported meet the definition of "Inert Material" as set forth in <br />Rule 1.1(20) of the Mineral Rules and Regulations of the Colorado Mined Land <br />Reclamation Board promulgated October 1995, as amended. <br />oDenver n H. Bambei, r. f of Engineerin <br />Water <br />1600 West 12 Avenue <br />Denver Colorado 80204 <br />Subscribed and sworn to before me this gjLk-day of 164 ' 41�Q 2009, by <br />John H. Bambei, Jr., Chief of Engineering, for the Denver Water Department. <br />Witness my hand and official seal. <br />My commission expires: <br />Notary Pu is <br />4 °n <br />