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FROM:natural TO: 1 303 2410336 NOU 28, 1994 11:41W 9186 P.02 <br /> DISTRICT COURT, PITKIN COUNTY, COLORADO <br /> Case No. 93CV201 <br /> AFFIDAVIT OF STEVEN RENNER <br /> DIVISION OF MINERALS AND GEOLOGY, DEPARTMENT OF NATURAL <br /> RESOURCES, STATE OF COLORADO# <br /> Plaintiff, <br /> V. <br /> JOHN A. REEVES; ROBERT n2LANEY; DIANE DELANEY; AND MID-CONTINENT <br /> MINERALS CORPORATION, <br /> Defendants . <br /> I, Steven Renner, do swear and depose a$ follows : <br /> 1 . I am a reclamation specialist with the Division of <br /> Minerals and Geology ("Division" ) and am the present lead <br /> specialist for the Mid-Continent Resources, Inc. ( "Resources") <br /> mine site. <br /> 2 . I have knowledge of the mine site and I know that <br /> maintenance and reclamation must be performed at the site. <br /> 3 . In 1983, the Division issued a permit to Resources to <br /> operate a coal mining operation. The Colorado Surface Coal <br /> Mining Reclamation Act requires an operator to post a bond with <br /> the Division to ensure full reclamation of the site. The bond <br /> Resources posted was in the form of a deed of trust to property <br /> which included a rockdust plant. <br /> 4 . In 1991, after having numerous violations issued against <br /> it, Resources entered a settlement agreement with the Division <br /> which provided Resources with the opportunity to sell the mine <br /> site without having its permit revoked because of the violations. <br /> If Resources failed to sell the site, it was to perform <br /> reclamation according to a schedule. The agreement also required <br /> Resources to maintain the Bite in accordance with all applicable <br /> laws and permit conditions . This settlement agreement was <br /> adopted by the Mined Land Reclamation Board ("Board") as an order <br /> in, May 1991 . <br />