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STATEOF COLORADO <br />COUNTY OF MESA <br />ss. <br />AFFIDAVIT <br />EDWARD M. GARDNER, being first duly sworn upon oath, deposes <br />and says: <br />1. He is Vice President of Whitewater Building Materials <br />Corp., a Colorado Corporation, and is empowered to act for and on <br />behalf of said corporation in all respects in connection with any <br />applications, petitions, contracts, correspondence, bonds or <br />activities with or before the Colorado Mined Land Reclamation <br />Board under the provisions of the Colorado Mined Land Reclamation <br />Act. <br />2. That all applicable portions of the Reclamation Plan <br />they pertain to the area known as Stages X, Y & 1 have been <br />complied with and the reclaimed area is in compliance with the <br />Rules & Regulations and reouirements of the Act. <br />SUBSCRI D and sworn to before me this a~ , <br />day of ~~ " , 2006 by Edward M. Gardner, <br />Vice-President of Whitewater Building Materials <br />Corp. , a Color <br />(notarial seal) <br />as <br />Vice President <br />` ;,c,~;mission E~ires 0112412007 <br />