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AFFIDAVIT <br />MINING SETBACK FROM RIVER <br />RECEIVED <br />STATE of col,olzADO > AUG 14 2006 <br />ss. Division of ReGamation, <br />County of Weld ) Mining and Safety <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 />neazest 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 azea by April, 2005. This buffer zone <br />was further extended by additional backfilling and sloping in Cell 3 during the permit <br />yeaz ended July 13, 2006. <br />During the permit yeaz ended July 13, 2006, there has been no mining within 200 <br />feet of the Cache La Poudre River. <br />Dated this /lU day of CCU ilS 2006. <br />AFFIANT: <br />Aggregate Industries-WCR, Inc. <br />By:-~i''~ ~ C ~c~ <br />Subscribed and sworn to before me this /D~' day of -~~=~' > <br />2006 by Mike McAfee, Plant Manager of the Riverview Resource operation for <br />Aggregate Industries-WCR, Inc. <br />Witness my hand and official seal. <br />(SEAL) ~ ~ <br />~1i 27- <br />Notary Public <br />My Commission expires: o~ /l -Og' <br />