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AFFIDAVIT <br />STATE OF COLORADO ) <br />COUNTY OF JEFFERSON ) <br />COMES NOW, Carlton E. Gerity, and being first duly sworn, <br />states as follows: <br />1. That he is a consultant and a professional engineer in the <br />State of Colorado, Registration No. 13484. <br />2. That he is experisnc_d in the Office ~f t4ired Lana <br />Reclamation permit compliance requirements. <br />3. That he has been retained by Raton West - Baldwin Ltd. <br />development to review the files pertaining to the Golden Eagle Mine <br />at the Office of the Mined Land Reclamation ("OMLR") of the <br />Colorado Division of Minerals and Geoloqy, and to render a <br />professional opinion as to the completeness and compliance of those <br />files with regard to state laws and regulations. <br />4. That he has reviewed the set of Golden Eagles Minc permit <br />files (#C81013) which are available for public inspection at the <br />OMLR on the dates of January 25, 1993, February 8, 1993 and <br />February 24, 1993. <br />5. That on January 25, and February 8; 1993,. he discuss?d the <br />Golden Eagle Mine permit files with Joe Dudash, of the oMLR and on <br />February 24, 1993, further discussed the same subject with Dar. <br />Hernandez of the OMLR, and has had follow-up telephone <br />conversations with Mr. Dudash. <br />6. That during these corversaticns, that' discussed the <br />adequacy of the files and location of documents for the Golden <br />Eagle Mine submitted by Basin Resources, Inc., and its <br />predecessors. <br />7. That as a result of said reviews and conversations, he is <br />confident that he has reviewed all of the Gelder. Eagle Mine permit <br />files except legally proprietary information, at the OMLR. <br />8. That the following items, which are required to be <br />submitted as part of a mine permit application or which were <br />specifically requested by the Office of Mined Land Reclamation as <br />part of the Golden Eagle Mine Permit, and which are required to be <br />available for inspection by the public as part of the permit files <br />maintained by the Office of Mined Land Reclamation, were not <br />present in the Golden Eagle Mine files on the dates that he <br />inspected those files: - <br />