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State of Colorado) <br />ss. <br />County of Grand ) <br />Ken E. Haynes, as the Road & Bridge Superintendent for Grand <br />County, being first duly sworn, deposes and says that the <br />material to be imported into the mining operation known as the <br />CR #3 Pit (M- 2009 -064) will be inert material as defined in Mined <br />Land Reclamation Board rule 1.1(20) listed below. At no time <br />will material that does not meet this definition be imported to <br />this site. <br />M.L.R.B. Rule 1.1(20) <br />"Inert Material" means non - watersoluable and non - putrescible solids together with such <br />minor amounts and types of materials, unless such materials are acid or toxic producing, <br />as will not significantly affect the inert nature of such solids. Terms included, but not <br />limited to, earth, sand, gravel, rock, concrete which has been in a hardened state for at <br />least sixty days, masonry, asphalt paving fragments and other pert solids. <br />DEPARTMENT OF ROAD & BRIDGE <br />Ken Haynes • Road Superintendent <br />Central Maintenance Facility <br />467 E. Topaz • P.O. Box 9 • Granby, Colorado 80446 <br />Phone: 970- 887 -2123 <br />Fax: 970 - 887 -3168 <br />My Commission expires <br />AFFIDAVIT <br />By: "Ken E. Hayne <br />Subscribed and sworn before this day of <br />, 2011, by Ken E. Haynes as Road & Bridge <br />Superintendent for Grand County. <br />ArAbi <br />Notary blic <br />seal) <br />