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AFFIDAVIT <br />MINING} SETBACK FROM RNBR <br />STATE OF COLORADO ) <br />as. <br />County of Wold ) <br />In accordance with the commitment of Aggmegnte Industries-WCR, Inc, urAa <br />Permit No. 1999-098, Riverview Resources, the undersigned Affiant states that a strip of <br />land located along the southern boundary of Cell 3, as noted on the Exhibit C Nliining <br />Plan for said permit, was mined to within 100 -feat from the pit edge to the top of the <br />nearest river bank of the Cache La Poudre River between the months of October, 2004 <br />and March, 2005, and that a 200 -foot buffer zone was established between the edge of the <br />pit and top of the river bank by backfilling said aces by April, 2005. This buffer zone <br />was further extended by additional baelMing and sloping in Gell 3 during the permit <br />year eroded July 13, 2006. <br />During the pennit year ended July 13, 2007, them has boen no mining within 200 <br />feet of the Cache La Poudre River. <br />Dated this /_ day of ,ral. Y , 2007. <br />AFFIANT: <br />Aggregate Industries-WCR.1nc. <br />y2? I Lam. <br />PAI <br />Subscribed and sworn to before me this/Jday of <br />2007 by Milne McAfee, Plant Manager of the Riverview Rewurcg ope0don for <br />Aggregate Industries-WCR, Inc. <br />Witness my hand and official seal. <br />(SEAL) <br />Notary Public <br />My Commission vcpires: o?— /-D 1 <br />