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AFFIDAVIT <br />MINING SETBACK FROM RIVER <br />STATE OF COLORADO ) <br />ss. <br />County of Weld ) <br />In accordance with the commitment of Aggregate Industries-WCR, Inc. under <br />Permit No. 1999-098, Riverview Resources, the undersigned Affiant states that a strip of <br />land located along the southern boundary of Ce113, as noted on the Exhibit C Mining <br />Plan for said permit, was mined to within 100-feet 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 Mazch, 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 area by April, 2005. This buffer zone <br />was further extended by additional backfilling and sloping in Ce113 during the permit <br />yeaz ended July 13, 2006. <br />During the permit year ended July 13, 2007, there has been no mining within 200 <br />feet of the Cache La Poudre River. <br />Dated this ~_ day of ~J'crG Y , 2007. <br />AFFIANT: <br />Aggregate Industries-WCR, Inc. <br />By: <br />Subscribed and sworn to before me this ~aay of <br />2007 by Mike McAfee, Plant Manager of the Riverview Resour ope 'on for <br />Aggregate Industries-WCR, Inc. <br />_ W;mess my hand and official seal. <br />~:.~- - <br />. •~^-~ <br />•~- ~^ <br />-~ ••~.IL1y ,Com`"~mission expires: oC - /(z ~ <br />L `~ ~ <br />Notary Public <br />