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<br />DISTRICT COURT, WATER DIVISION NO.2 <br />STATE OF COLORADO <br /> <br />Case No. 02CW122 <br /> <br />CONCERNING THE APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTA nON <br />BY CRIPPLE CREEK & VICTOR GOLD MINING COMPANY <br /> <br />AFFIDAVIT OF SCOTT A. LEWIS <br /> <br />STATE OF COLORADO ) <br />) ss. <br />COUNTY OF ARAPAHOE) <br /> <br />I, Scott A. Lewis, being fust duly sworn upon oath, do hereby state and affum as follows: <br /> <br />1. I am over the age of 18 and am presently Manager Environment - North America <br />for AngloGold Ashanti North America Inc. ("AGANA"). AGANA is the parent company of <br />AngloGold Ashanti (Colorado) Corp., which is the manager of the joint venture known as <br />Cripple Creek & Victor Gold Mining Company ("CC&V"). In my capacity as Manager <br />Environment - North America for AGANA, I am responsible for providing technical support <br />and assistance to CC&V on environmental-related permits and authorizations. I have been <br />employed in some capacity related to CC&V since August 1998, and was Manager, <br />Environmental Affairs at CC&V from August 1998 to December 2001. <br /> <br />2. I am familiar with and have personally reviewed all of the Substitute Water Supply Plan <br />("SWSP") and Augmentation Plan submittals and supporting correspondence and reports since at <br />least November 14, 2001. During my tenure as Manager, Environmental Affairs at CC&V, I <br />was responsible for assuring that all required agency reporting and documentation was <br />conducted in accordance with applicable permits and authorizations issued by the agencies. This <br />included the annual and monthly reports prepared and submitted to the Colorado Division of <br />Water Resources, Division II and the Water Commissioner, District 12. A component of the <br />annual and monthly submittals is to track and report the acreage of facilities underlain with an <br />impermeable liner. The acreages and depletions included in the March 10, 2000 annual report <br />(attached hereto as Exhibit A) are true and correct to the best of my knowledge and belief and <br />were occurring on and before January 26,2000, which is the date the Colorado Water <br />Conservation Board ("CWCB") appropriated its instream flow water rights on Fourmile Creek. <br />c:\documents and settings\ckf.dwr\desktop\cc&v affidavit.doc 1 <br />